National Violent Offender

Court orders protection

Domestic violence Court orders protection
It.s a criminal offence to break a non-molestation court order, and if your partner does so, he or she may be sent to court on a criminal charge.

Breaking an occupation order or undertaking, like refusing to leave home, you can then bring the case back to court and ask for a punishment for your partner. This is your choice, as nobody else will know if the order has been broken. In any case, if the order is broken, tell your solicitor immediately, and then at least you can discuss what to do next.

Breaking an undertaking can be punished also. There may be a .power to arrest. clause with an occupation order, which means the police can arrest your partner right away if they break the order. The police will then take your partner back to court.
If this happens you will need to attend court to explain what happened, and give an idea how you want your partner punished. A power to arrest clause is usually when the judge believes that your partner may use violence, or threatening behavior against you. There are no power to arrest clauses with an undertaking.

After the court hearing
A printed copy of the order should be handed to you by the judge. Your solicitor and your partner will also receive copies.
Your partner must be handed to order personally. This is important in proving that they had a copy of the order. The local police must have a copy of the order, if there is a power to arrest attached. An order will usually run a course of time such as 3 months. If you need to, you can usually get this time period extended.

Will there be any other court orders the I need?
If you are married you may need to get a dissolution. You may need to get residence. in order to fix somewhere to live. Also a .contact. and arrangement for visiting with your partner.

I fear my partner may abscond with the children, what can I do?
Tell your solicitor at the beginning. Before the case you can decide if the court can make decisions about your children. There is an organization called Reunite, and this can offer information to help you if you are worried about your children being abducted.
Child abduction cases what can I do?

If it.s a possibility your children could be taken out of the country inform the police right away. They have powers such as .port alert. to stop them leaving. It would be handy if you could give the police photographs of your partner and the children. Inform your solicitor as well. If they have been abducted but you don.t think it.s a possibility they are out of the country, your solicitor can ask for a emergency court order for their return.

9. Domestic violence what if its from another family member?
You can still get an injunction against a person abusing you even if they are not your partner. In all these cases you can get an injunction.
If the person abusing you is:
Husband or wife. Past or present
Someone who you are romantically engaged with. It does not matter if you do not cohabit .
A tennant or another member of the household.
Other relative.
Step farther / mother

If the person abusing you is not any of the above there are laws that will help you, so don.t worry. For example the Protection from Harrassment Act 1997 to help you if someone is abusing you in the work place. In this case the court can give orders similar to the occupation and non-molestation orders.

In any case, the police are always there to help you. You can also use the community safety officer at your local station.

Domestic violence support helping a victim of abuse
There is a leaflet produced by the home office called .Violence, Financial Control, Emotional Abuse, which you can look up and give to them, or you can give them this information.

Do your best to be supportive of the person. Let them speak, and try and decide whether they want to take steps to avoid the abuse. It could be that they do not wish to do anything about it just yet. The decision is theirs. You may wish to give them help such as the use of your phone, offering your address for post to be sent. If you think they are in imminent danger, call the police.


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