DOMESTIC ABUSE
It was reported by the PSNI in July 2011 that incidents in Northern Ireland which were motivated by domestic abuse amounted to over 22,500 in 2010/2011 alone. This figure may seem high for a small jurisdiction such as ours. Fortunately for many of us, domestic violence is something that we only read about in magazines or see depicted in TV soaps. It would never actually happen to us in real-life. Sadly though, it does happen and it is a larger problem in society than many of us realise. It affects all strands of our community. It is instituted against both men and women and affects people of every age, race, disability and sexuality, regardless of how much they earn or their social status.
Why is it that domestic abuse is a big problem in NI? Well, many people don't realise that domestic abuse isn't just about physical violence. It can involve a whole range of abusive and controlling behaviour, whether it is psychological, sexual, financial or indeed emotional control. Intimidation and threats of violence are also examples of domestic abuse.
Fortunately, the Courts in Northern Ireland are very well equipped to deal with cases involving domestic abuse. They have the power under the Family Homes and Domestic Violence Order (NI) 1998 to make a number of different Orders against perpetrators of domestic violence which ultimately can give a victim the protection and security they need.
There are two types of Order which you can obtain from a Court if you are the victim of domestic abuse:
The first is known as a Non-Molestation Order. If you obtain a Non-Molestation Order against someone, it prevents that person from molesting, harassing, pestering, using or threatening to use violence against you in any way.
The second Order is called an Occupation Order. Through making this Order, the Court can remove someone from your property and stop them from returning to live in the property. A Judge will look at various factors when deciding whether to make an Occupation Order against someone, such as whether that person has suitable alternative accommodation if they are removed from the home.
The Court also has the power to attach an "exclusion zone" to any Order that it makes. This means that as well as preventing someone from harassing or molesting you personally, the Order can also exclude that person from a particular place, for example, the street or area in which you live.
Generally these orders are available against someone who is associated to the victim; this can include people who cohabit with or are married to one another and people who have children together or are related in some other way.
If there has been a recent and sufficiently serious incident of abuse within the last few days, you can apply to the Court for an emergency Order. In these circumstances, your application for an Order can be heard at Court immediately and an Order can be made by the Judge without the perpetrator being present at Court. This is only a short-term Order but it is useful in providing you with the Court's protection until such times as the perpetrator is notified of the application. They will then be given an opportunity to attend at Court and confirm whether they are happy for an Order to be made against them or whether they wish to defend the making of an Order
When a Non-Molestation and/or Occupation Order is made against a person, a copy of the Order is served on them by the Police. It is only once the Police have successfully served the Order that it becomes effective against them.
Once a person has been served with the Order they can be arrested by the police for any breaches. It is therefore extremely important that all incidents that occur are reported to the Police, so that they can take steps to enforce the Order.
Fortunately, the Police in NI treat domestic violence very seriously and due to the extent of the problem, they have dedicated Domestic Abuse Teams available to deal primarily with these matters.
If you are the victim of domestic abuse and feel that you may require an Order against someone for your own protection, it is important that you seek legal advice as soon as possible.
At Francis Hanna & Co we have a dedicated team who are widely experienced in providing legal advice and assistance in this area and in making emergency applications to the Court for Non-Molestation and Occupation Orders. Legal Aid is available in respect of these Court proceedings in circumstances where a person is financially eligible.
Although it is usually the first and most difficult step for a victim in dealing with domestic abuse, obtaining the protection of a Non-Molestation or Occupation Order can go a long way in alleviating fears and providing peace of mind.
Claire Edgar can advise you on any of these sensitive areas of law. If you have a question please do not hesitate to email Claire directly or her secretary, Beth.
Alternatively, call us on 028 9024 3901 or complete the brief online form.