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Print this pageDomestic Violence

It sometimes happens that before a divorce starts, or during the divorce, one person becomes violent, hostile, or threatening to the other. If the situation becomes life threatening, get yourself and your children away from the husband or wife as soon as you can. Then call the police.

If you have been hurt, call the emergency services or go to the Accident & Emergency at your nearest hospital. Explain what has happened and ask them to record your injuries so that they can give evidence about them if you need it. It may be helpful to get photographs of injuries while they are fresh.

The police may take action against your husband or wife if he or she has committed a crime. The police may also be able to give you information on other organisations which can assist you with temporary shelter and care. As solicitors we also have information on a network of agencies which may be able to help you.

The civil courts also have power to protect you, by making an order called an injunction. This is an emergency procedure and should be dealt with as soon as possible after the incident has occurred. Your solicitor will make an application to the court for a Non-Molestation Order and/or an Occupation Order to stop the behaviour.

A Non-Molestation Order can stop a person from harassing, assaulting, molesting or even communicating with the other person, or the children, and an Occupation Order can remove that person from the home, or keep them away from the area around it.

Breaching a Non-Molestation Order is now a criminal offence and the police can arrest the offender and take criminal action against them. An Occupation Order can include penal notices and powers of arrest, so the person could potentially face a prison sentence for contempt of court if the order is ignored.

If the behaviour is not as serious, but it has been unpleasant, a strong warning letter from a solicitor may prevent or reduce further unpleasantness.

These days, violent behaviour in the home no longer needs to be tolerated. The police are now more attuned to dealing with such situations through their specialist units, and here at Cozens-Hardy LLP we can help you further with civil action if necessary. Please contact us to discuss the best course of action for your situation.