Part IV of the Family Law Act 1996 [LINK] sets out a single code of remedies for the protection of individuals from Domestic violence. Those remedies are available in all Courts having a family jurisdiction. The most commonly used orders are:-
- "non-molestation" orders which protect individuals from the threat of violence
- "occupation" orders which regulate the right of an individual to occupy the family home.
These orders are available to "associated persons" on behalf of themselves or a "relevant child".
Powers of Arrest can be attached to such orders enabling the police to arrest on sight anyone breaking their terms. We can advise you on the appropriate steps that can be taken to protect you and your family. For further information contact Lisa Munro on lmunro@fjg.co.uk
In addition to the provisions of the 1996 Act, injunctions are available to "freeze" assets which may be transferred out of the jurisdiction (a "Mareva" injunction) or to a third party (s. 37 application) and for pre-emptive "search" orders for vital documents which may disappear (an "Anton Piller" order) - available only in the High Court).