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.

1. 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.

2. 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.

3. 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.