Domestic Violence

If you are experiencing domestic violence you can apply for a non-molestation order or an occupation order under Part 4 of the Family Law Act 1996. A non-molestation order is a court order prohibiting the perpetrator from using, or threatening to use, violence against you, or from intimidating or otherwise harassing you. An occupation order establishes who may live in the family home and can therefore allow you to remain in your family home and exclude the perpetrator. These orders can be granted for six months, or for an indefinite period. The court can attach a ‘power of arrest’ to the order which means the perpetrator can be immediately arrested if he or she breaks the order.

If you are experiencing domestic violence or are under threat of such violence and become homeless you are eligible for housing within your own local authority or another local authority under the Housing Act 1996. The Homelessness Act 2002 extends this provision to victims of all violence and threats of violence which are likely to be carried out, in whatever circumstances. This should include racist and homophobic violence/harassment.

The Home Office Circular 19/2000 Domestic Violence: Revised Circular to the Police and the Crown Prosecution Service Policy on Prosecuting Cases of Domestic Violence each detail what issues the police and CPS respectively will take into account in deciding how best to follow up such crimes. Both emphasise the need to take such crimes seriously.