Domestic Violence

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:

Emergency Applications 

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.

Non-Molestation Order- 

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:

• currently or previously married
• currently or previously cohabitants
• currently or previously lived in the same household
• relatives
• parents or share parental responsibility of the same child

• engaged or were engaged to marry

Occupation Order-

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 housing needs and resources of the parties and any child
• the financial resources of the parties
• the likely effect of any order on the welfare of the parties and any child.
• the conduct of the parties

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.