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Domestic violence

Domestic violence can take place against men or women in an intimate or family type unit. Domestic violence is not limited to physical violence and can also be emotional, sexual or financial abuse patterned around controlling behaviour.

Our lawyers at SC Law recognise the seriousness of such abuse and we are sensitive to the needs of our clients.

We can assist you in applying to the court for protection for a non molestation injunction. Any children involved can also be protected at the same time. Each case is determined on the individual facts and there must be a need for protection.

The court can forbid the perpetrator from:

  • using or threatening violence
  • intimidating harassing or pestering you

It is a criminal offence to breach an injunction and in certain circumstances the court can commit the perpetrator to prison. The court can also, in certain circumstances, make an order requiring your partner/family member leaving or forbid them from returning to your home. This is known as an occupation order. The court will look at all the circumstances of the case, including the risk of harm to you, whether you would delay or put off bringing this application if an order is not made.

When making such an order the court will have regard to all the circumstance including:

  • the housing needs and housing resources for each party
  • your respective financial resources
  • the likely effect of an order or a decision by the court not to exercise its powers on the health, safety or well being of each party, and
  • the conduct of each party in relation to each other and otherwise

We can also assist you if you have been served an injunction by your partner or family member.

Contact Vina Lad, head of SC Law's family department for more information or an initial consultation to discuss your rights and options available to you.


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