Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Protection Orders

The courts can protect you and your children from your abuser immediately.

If you are a victim of domestic violence, the following remedies may be available to you:

Non-Molestation Orders

Where a party is ordered not to molest, harass or intimidate a named person or child. Molestation can include threats or other indirect approaches - it need not be confined to physical violence. This Order can also prohibit certain actions, such as coming within a certain distance of a person or child.

Occupation Orders

This deals with the occupation of the home. It can, for example, define occupation rights in the home including exclusion of the perpetrator not only from the home but also from an area surrounding it. The Court may also make Orders as to the payment of the rent or mortgage in relation to furniture and other contents and the security of the house and content.

Civil Injunction under the Prevention from Harassment Act

This is the "stalking" injunction. This prohibits a course of action that amounts to harassment. It can include alarming or causing distress. Almost any form of activity that annoys another can be construed as harassment.

The Court can have the authority in certain circumstances to make the above Orders ex parte i.e. without notice to the other side. The Court also can attach a Power of Arrest to the above Orders if there has been violence or the threat of violence against the Applicant or a child. If the perpetrator does not abide by the Order he or she can be arrested by the police and possibly jailed for contempt of Court, if a Power of Arrest is included in the Order. The Court will decide the duration of the Orders, and it may make Orders it deems appropriate in terms of for example contact with children during the term of the Order.

If you need help and advice please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it on 01392 421777 for an urgent appointment in complete confidence. Please remember to bring proof of your income and property to help us assess whether you are eligible for legal aid.

For more information visit the BBC website 

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