Unfortunately domestic violence raises its ugly head irrespective of the background, gender or financial welfare of the culprit.
Luke Curran & Co. empower our clients to take control of this situation by seeking the protection of the Court where necessary to prevent further abuse and to secure exclusive occupation of the family home.
The Family Homes and Domestic Violence (Northern Ireland) Order 1998 provides protection by way of Non Molestation and Occupation Orders which are explained below:
Ex Parte Applications are made in an emergency and without the other party being put on notice or being present in Court. The Order can be granted for a short period alleviate the immediate danger and to allow service on the Respondent. Thereafter the Respondent will be entitled to defend the application at a future date.
This is an Order forbidding the Respondent from the use or threat of violence, pestering, harassing and intimidation. It also includes instructing or encouraging another person to ‘molest’ another individual
The Applicant must be associated with the Respondent if you are:
This is an order to declare who has the right to occupy the family home.
An applicant is entitled to apply provided that they have a legal interest e.g. they own the property, have a matrimonial interest or are named on the tenancy agreement.
Before making an Order the Court will take the following into consideration:
The Balance of Harm Test dictates that the Court must make an Order if it appears that the applicant or any child is likely to suffer significant harm due to the conduct of the Respondent.