Personal: Domestic violence and harassment

Domestic violence is a criminal offence and should be reported to the police. There are also civil remedies available through the family courts. The courts have powers to make an order requiring the violent person to leave the family home and not return. It called an Occupation Order and is a type of injunction. An injunction usually lasts for a set period of time during which longer term arrangements are made relating to property and finance.

The Court can also make a Non-Molestation Order which requires the violent person not to assault threaten or otherwise interfere with the injured party.

These orders can be obtained as a matter of urgency and in exceptional cases can be obtained without the knowledge of the other party. The orders can contain a power of arrest. This means that a police officer can arrest the violent person if the officer has reasonable suspicion that he or she has broken the order.

It is necessary to attend Court to obtain these orders. Very exceptionally orders can be obtained where the behaviour is short of violence such as threats and harassment although usually a warning letter would be sent before Court action.

An Occupation Order does not affect the legal ownership of the property, but affects whether someone is entitled be at a property.

If someone breaches an injunction they can be brought before the Court and if found guilty of Contempt of Court they will have committed a criminal offence. They can be fined or sent to prison.

If you are in fear of violence or intimidation it is important to take legal advice and action particularly if the situation cannot be resolved by reporting it to the police.

Davies and Partners recognise the huge stress and secrecy which surrounds domestic violence. People who suffer domestic violence often blame themselves for it or learn to live with it. Everyone has the right to lead their lives without fear or threat of violence. In our experience it is often only when the threat is removed that a client has the ability to lead a normal life and have respect for themselves. Davies and Partners recognise the need for sensitive, sympathetic and timely advice.

Further, it may be in your interests to seek counselling and we can assist in putting you in contact with outside agencies which can help you.

If you wish to discuss matters with one of our team concerning your situation please do not hesitate to contact us on This e-mail address is being protected from spambots. You need JavaScript enabled to view it or telephone us. Click here for our contact details.