THE MARSHALL & GALPIN GUIDE TO INJUNCTIONS
The breakdown of relationships can cause many problems. Unfortunately this can include domestic violence.
Often victims of domestic violence are not aware of the powers of the police and the courts in providing protection and enforcing orders which can include the following:-
Non-Molestation Orders
An order either prohibiting a person from molesting another person with whom they are associated or prohibiting a person from molesting a relevant child. Molestation includes violence but encompasses any serious pestering or harassment A non –molestation order will forbid one party from molesting, assaulting, harassing or pestering the other party.
Occupation Orders
These are orders determining who can remain in the home. They are usually made for a limited term to protect the applicant from further violence whilst all the issues are resolved. The court can make a number of orders including:-
a) allowing one party to remain in occupation to the exclusion of the other.
b) requiring the occupying party to allow the other party to enter and remain in the house or part of the house
c) regulating the occupation of the house by either party.
d) requiring one party to leave the house or part of it.
e) excluding one party from a defined area in which the house is situated.
In certain circumstances where there is an emergency injunction the judge can make orders without giving the other party notice.
The Judge can also order that a power of arrest be attached to the order if one party has used or threatened violence against the other party or a child.
Help is available out of hours from the police where you can talk to the domestic violence co-ordinator in confidence.
For further information, please contact: -
James Stonham (Thame) 01844 219102 email - mailto:james.stonham@marshallgalpin.com
Simon Bassett (Abingdon) 01235 557008 email - mailto:simon.bassett@marshallgalpin.com
Mark Phillips (Oxford) 01865 268630 email - mailto:mark.phillips@marshallgalpin.com
Angela Davies (Thame) 01844 219110 email - mailto:angela.davies@marshallgalpin.com
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