Domestic Violence

Safety and Protection Orders

Note that the relationship only needs to be “intimate” (and not also “committed” as previously) and that relationship does not cease to be an “intimate relationship” for the purposes of this Act by reason only that it is no longer sexual in nature.

 Therefore all the following are eligible for Safety and Protection orders:
 
• Spouses and civil partners • Parents with a child in common
• Partners in an intimate relationships (including cohabitants and dating partners)
• Parents of an abusive child, when the abuser is a non-dependent child (i.e. an adult)
• People residing with the respondent in an non contractual relationship All of the above include former partners as well (e.g. former spouse, cohabitant, etc.)
 
 

Barring Orders and IBOs

The major change is that now there is no minimum period of cohabitation required for cohabitant applicants.
 
Therefore the following applicants are eligible for Barring Orders and Interim Barring Orders;

• Spouses and civil partners • Cohabitants who live in an intimate relationship AND who satisfy the property test (which means that the applicant must have an equal or greater interest in the property than the respondent). NO minimum period of cohabitation required. NO need for the relationship to be “committed”.

• Parents when the abuser is a non-dependent child (i.e. if the abusive child is an adult) and who satisfy the property test. 

All of the above include former partners (e.g. former spouse, cohabitant etc.)

 
 

We can Help

As lawyers, it is our job is to help you through the legal process as best we can. However, we realize that many of our clients will be unsure as to how to best manage their separation in the best interests of their children. Many have crucial needs that may not be about legal issues. You may feel you don’t have the information you need to support your children when making incredibly important decisions about their future during your separation.

 

No one should have to go through this alone. With Edwin Blakenship Law on your side, you won’t have to…

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