Legal Measures

You may be able to get legal protection from your abuser by applying for a civil injunction or protection order.

There are two main types of injunctions available under the Family Law Act 1996:

An occupation order determines who can live in the family home and can also restrict your abuser from entering the surrounding area. You may have already left the family home due to violence but want to return without them still living there. You may wish to apply to the courts for an occupation order.

A non-molestation order is aimed to prevent your abuser using or threatening violence against you or your children, intimidating or harassing you in order to ensure your health, safety and wellbeing.

A power of arrest may be attached to either an occupation order or a non-molestation order. This gives the Police the right to arrest the abuser if they breach either order. 

You can apply for these yourself but you may wish to get expert legal advice and support to help you with this. SIDAS can provide you advice and assistance on these legal measures and should you wish to pursue these, can refer you to specialised legal services to help you.

If your income is low, you could get Legal Aid to help with the costs. The National Domestic Violence Helpline provide a free, fast emergency injunction service to survivors of domestic violence regardless of their financial circumstances, race, gender or sexual orientation.

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