Domestic Abuse Violence Protection Orders
Domestic Abuse/Violence Protection Orders
The legal system provides various measures to safeguard survivors of domestic violence and abuse from further harm, including the threat of violence, allowing them to lead a secure life.
One avenue available to victims is the pursuit of what is commonly referred to as an emergency injunction. Issued by a civil court, these injunctions are typically granted without the perpetrator’s knowledge until they are served with the order. The most common types are outlined below.
Non-Molestation Order:
- Designed to prevent someone from pestering, attacking, threatening physical violence, intimidating, or harassing their victim and/or children.
- Each order is unique, considering the applicant’s individual circumstances, such as their physical well-being and the involvement of children.
- Prohibitions may include communication with the (ex-)partner or instructing others to attack, threaten, or intimidate the victim.
- It may also include a clause preventing the abuser from coming within a certain distance of the victim’s home.
- Typically granted for six to 12 months, breaching them is an arrestable offense.
- If granted without notice on an emergency basis, a further hearing is scheduled approximately 14 days later to allow the abuser to express opposition to the order.
Occupation Order:
- Specifies who can live in the family home and may involve eviction or restraining the abuser from visiting or approaching the family home.
- Usually granted for six to 12 months, and a power of arrest can be attached in certain circumstances.
Prohibited Steps Order:
- Prohibits someone with parental responsibility from taking the child(ren) away from the victim’s care and control.
- Appropriate when the person threatening to take away the child is ordinarily allowed to care for them.
- Can be applied on an emergency basis if the Respondent has taken, attempted to take, or threatened to take the child within the last 7 days.
Enforcement:
- Orders must be served on the abuser to be enforceable.
- Copies are given to the local police station, children’s school(s), and may need to be provided to the landlord or mortgage company.
- Applicable to various forms of relationships, including intimate partners, ex-partners, couples with children, and family relations.
Domestic Violence Protection Notice (DVPN):
- A police-issued notice serving as a safeguard for victims, requiring the alleged abuser to leave the premises and not contact the victim.
- Lasts for 48 hours and can be extended up to 28 days by magistrates through a Domestic Violence Protection Order (DVPO).
Restraining Order:
- The criminal court equivalent of a non-molestation order to protect the abused person from violence, threats, fear of violence, or harassment.
- Imposed at the end of criminal proceedings, even if the defendant is found not guilty, if the court deems it necessary to protect another from harassment.
- Can be for a specified period or until further notice.
- Breach of a restraining order is a criminal offense with penalties similar to a non-molestation order breach.