Don't suffer in silence
With money worries due to the credit crunch and the additional stresses in the lead up to Christmas, tensions are going to run high for many families as we head towards and over the festive period. Unfortunately, those tensions can reach boiling point and sadly result in incidents of domestic abuse.
National Domestic Violence Week 2008 runs from Monday 24 to Friday 28 November and will feature, amongst other events, a march through Exeter city centre to raise awareness about domestic abuse and the increases in domestic abuse incidents over the festive period. Last year over Christmas Eve, Christmas Day and Boxing Day there were 82 reported incidents of domestic abuse in Devon. This is nearly double the average amount of reports on other non-festive days in December 1.
As a result, for many people, the thought of spending time with their family over Christmas is a frightening one. But what can you do if you are frightened? There are several ways to protect yourself.
The first step is to call the police if you are scared for your or your children’s immediate safety and they will help you in the short term.
The next step is to seek advice from a solicitor about your protection in the future. The solicitor can advise you about how best to resolve the break down in your relationship, and, where appropriate, injunctions to protect you and your children. If a court application is necessary, there are two different types of orders available which are Non-Molestation Orders and Occupation Orders. Both offer protection to victims of domestic abuse whether they have been subjected to a single act of abuse or a series of incidents.
Non – molestation orders
A non-molestation order is an order from the court which prevents a person (the Respondent) either from using or threatening violence against a person (the Applicant) or a relevant child; or encouraging a third person from doing the same; or from intimidating, harassing or pestering the applicant and any relevant child.
In addition, non molestation orders may also forbid the respondent from communicating with the applicant by a specific form of communication such as by telephone, texts, or email. The Order can also forbid the respondent from coming within a certain distance of a property or even that person.
There was a change to the law in 2007 which has meant that breach of a non-molestation order is a criminal offence and therefore if the Police are called out to a further incident then they can immediately arrest the Respondent and charge him/her with having committed a criminal offence if appropriate.
Occupation orders
An occupation order allows an applicant to return to, stay in, or exclude someone else from their home.
Breaches of occupation orders have not been criminalised however, if a person needs further protection, a Judge can still attach a power of arrest to the order where the respondent has used or threatened violence against them in the past.
What should I do?
If you are suffering from domestic abuse then please do not suffer alone. Even if you decide not to make an application to the Court, it is better to know what your options and legal rights are. If you would like further information, Foot Anstey have specialist lawyers who can help and provide you with advice and assistance. We also have offices open over the Christmas period should you need help at this time.
Please call us for further advice on 0800 0731 411
1 Figures taken from www.devon.gov.uk
Monday, 24 November 2008
