With the country having entered another three weeks of lockdown, home may not be such a safe place.
Whilst the Government advice is to stay at home, they have announced that domestic abuse victims are permitted to leave their homes to escape their partners or to ask for help during this coronavirus lockdown. It has also been said that refuges remain open and the police are still responding to calls from domestic abuse victims.
The Family Courts are too still operating and it is possible to ask the Court step in to protect yourself from your partner by applying for an injunction available under the Family Law Act 1996. These injunctions are as follows:
Non-Molestation Orders:
By applying for a Non-Molestation Order, you will be asking the Court to step in to protect yourself from your partner by asking the Court to stop your partner from molesting, harming or threatening you.
Occupation Order:
By applying for an Occupation Order, you are asking the Court to remove your partner from your home or to stop your partner from returning to your home.
It is possible to apply for both Orders at the same time and an application for a Non-Molestation Order and Occupation Order can be made on a without notice basis so that your partner is not notified that an application has been made. This can sometimes be necessary simply to ensure your safety. Where possible, an application will be made on notice, so that your partner is aware that an application is being made, but on an urgent basis.
In some circumstances it may be possible for you to be entitled to Legal Aid, and if that is the case we will notify you of that.
For further assistance or information in relation to the above please reach out to us and contact one of our family law experts who will be able to assist you in a secure and safe way.
E: [email protected]
T: 029 2034 2233
Published 13/05/2020