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The Law

The Law is divided into two parts:

  • Criminal Law
  • Civil Law
These two parts of the Law can help you in different ways:

Criminal Law

The Police may arrest the offender if:
  • you have been assaulted or threatened
  • damage has been caused to your property
The Police would need to take a statement from you and you may have to go to Court. If you do have to go to Court, help is available. People from Women's Aid and Victim Support may be able to help and advise you before, during and after your Court appearance. Details of how to contact these and other agencies are given within this site.
Civil Law

The County Court can offer other choices. A Judge may give you an injunction (Court Order) that will order your partner or ex-partner to stay away from you or your children, or not to harm or interfere with you. However, an injunction is a temporary solution lasting usually no more than six months. Sometimes it can be renewed.
Who can apply to the Court for an order?

A number of different people can apply for an order against another person with whom they are linked by a domestic or family relationship. These include:
  • People who are or have been married to each other.
  • People who, although not married to each other, are living together or have lived together as husband and wife.
  • Close relatives, including parents, grandparents, children, grandchildren, step-parents, step children, brothers, sisters, uncles, aunts, nieces and nephews.
  • People who live or have lived in the same household (other than as an employer and employee, or landlord and tenant or lodger).
  • People who have agreed to marry each other (provided that the agreement has not ended more than three years ago).
  • The parents of a child, or people with parental responsibility for that child.
  • Where a child is adopted, the natural parents and grandparents of the child, the adoptive parents, and the child.
What Court Orders can be made?

A non-molestation Order:
This order is about behaviour. It can stop one person pestering, threatening or being violent is another person, or to any child involved.
An Occupation Order:
This order is about the home, and can do a number of things. For example, it can:
  • order the violent person to leave the home, or part of it
  • order the violent person not to come near the home
  • order the violent person to allow the victim of violence to enter and stay in the home, or part of it
  • decide what rights the violent person and the victim of violence have to occupy the home
What happens if somebody disobeys the Court Order?

When it makes an occupation order or an non-molestation order, the Court can give the Police the power to arrest a person who has used or threatened violence against you or any child involved. If the person then disobeys the order, the Police will arrest them, and bring them before the Court.
If the Court does not give the Police a power of arrest and then the person then disobeys the order, you can ask the Court to issue a warrant for their arrest.
How do I apply to the Court for an order?

You can apply to any Magistrates' Court or County Court which deals with family cases. If you telephone or call in at your local Court they will be able to help your or tell you which is the nearest family Court. Any member of staff at the enquiry point will be able to help you, although they will not be able to give you legal advice. The Court will provide you with an application form.
For legal advice on all the options available to you, you should consult a solicitor. The solicitor can also help you fill in the application form which needs to be returned to the Court.
Can a child apply for protection?

Yes, it is possible for child to apply. Someone over 18 must help the child to make the application. If the child is under 16 the Court will allow the application to be made only if it is satisfied that the child understands what is involved.
What can I do in an emergency?

If an order needs to be made urgently, the Court has power to do so immediately, before the person against whom the order is being made is told that you have applied.
The Court must consider whether there is a risk of significant harm from that person to you or any child involved if the order is not made immediately.
If the Court makes this type of order, it must allow the person against whom the order has been made an opportunity to put their side of the case. This will happen at a further hearing to which everyone involved can come and give evidence.
Can I get legal aid to apply?

Yes, if you show that your savings and your income are within the current financial limits.
You must also show that you have reasonable grounds for making the application and that it is reasonable to grant you legal aid in the circumstances of the case.
If your case is urgent, your solicitor can apply for emergency legal aid, which can be granted at once. Emergency legal aid lasts only until a decision has been taken on your full application for civil legal aid.
When you apply for emergency legal aid you must agree to cooperate with the assessment officer in the enquiries into your financial position and also to pay any contributions that is assessed. You must also agree to pay the full costs of your if it is found that you do not qualify for civil legal aid or if you refuse it when it is offered to you because you are asked to pay a contribution.