Domestic Abuse Law

If you or your children are affected by domestic abuse, including threats from a partner or other family member, MM Family Law domestic abuse solicitors can advise you of your legal options. We can make an application to provide you with Court protection.

The law is there to protect the most vulnerable people in society. We will act accordingly to either protect you, or to advise you if an allegation of domestic abuse is made against you.

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There are a few different types of orders that can be made by the court, including:

A Barring Order is an order directing one of the parties (if residing at a place where the Applicant or the dependent person resides) to leave such a place. It prohibits them from re-entering such place until further order of the court or until such other time as the court specifies.

The Order may also prohibit the Respondent from:

  • Using or threatening to use violence against the applicant or any dependent person;
  • Molesting or causing fear in the applicant or any dependent person;
  • Attending, in the vicinity of, watching, or besetting a place where the applicant or any dependent person resides.

A dependent person is usually a child residing in the home with the applicant.

A Protection Order is an order that ensures the respondent remains in the home, but orders the respondent not to use violence or threaten to use violence against, molest or cause fear in the applicant or any dependent person.

The Protection Order does not have a life of its own but only lasts until the determination of the barring or safety order proceedings.

A Safety Order does not put the respondent out of the home but it prohibits them from engaging in the following behaviour:

  • Using or threatening to use violence against;
  • Molesting
  • Causing fear in; the applicant or a dependent person.

A Safety Order cannot be granted in place of a barring order unless both remedies are sought. The order may be made for up to 5 years.

We may be able to offer help and advice if you have been accused. If you have been given court papers and are awaiting a hearing, then it is imperative that you seek legal advice. At MM Family Law, we can help you with the hearing and possibly organise for someone to represent you in court.

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