Domestic abuse has become worse since virus lockdown
Icurrently live with my partner in a jointly owned property.
For the past few months, my partner has subjected me to significant domestic abuse. He’s currently working from home due to the current pandemic meaning I have no time alone.
This abuse has become worse since he has started working from home and last night he subjected me to significant physical abuse. I am unable to leave as I have no family or friends I can stay with. My partner’s mother lives fairly close and he could live with her, however I am too scared to ask him to leave. I would like some advice in relation to protection from domestic abuse and potentially removing my partner from the home.
You may wish to consider making an application for a Non-Molestation Order and
Occupation Order. A Non-Molestation Order is an injunction which prevents the Respondent (your partner) from intimidating, harassing or pestering you by any means, including by instructing or encouraging third parties to intimidate, harass or pester you. The terms of the Order may include that the Respondent is prohibited from going within 100metres of your home. Breach of a Non-Molestation Order is an arrestable offence.
An Occupation Order relates to who can occupy the property. The Order essentially restricts the Respondent from exercising his right to occupy the property.
The courts are often reluctant to make Occupation Orders unless there is significant risk of harm. The courts consider many factors when determining whether to make an Occupation Order, specifically the housing needs and alternative housing options available to the parties. You have no alternative housing options, whereas your partner could reside with his mother.
When making an application to the court for NonMolestation and Occupation Orders, you can so on a “without notice” basis, meaning the Respondent will not be notified of the application being made. If the Order is granted, the Respondent will be personally served with the Order. At the time of service, the necessary protection will be in place.
To speak to a solicitor please phone 0191 565 3112 or email advice@benhoarebell.co.uk.