What civil action can be taken about domestic violence?

The main civil protections are contained under Part IV of the Family Law Act 1996 and in the Protection from Harassment Act 1997. There are also some protections afforded under the Housing Act 1996, the Children Act 1989 and the Adoption and Children Act 2002.

Non-Molestation orders and Occupation orders under the Family Law Act 1996

Under the Family Law Act 1996 (FLA 1996) a court can grant occupation orders and non-molestation orders. Non-molestation orders prohibit a person from molesting another person, which includes not only violence but also threats of violence and pestering. Occupation orders can prohibit a person from entering or remaining in a home. Occupation orders can also exclude a person from part of a home, or from a defined area where the home is situated.

People can apply under the Act if they are associated through family relationships and/or cohabitation. The application is made in any county court with family jurisdiction or in a family proceedings court (FPC) within a magistrates’ court. It is advisable to obtain legal advice from a family law solicitor when applying to the court for an order under the Act.

Powers of arrest (POA) can be attached to an order allowing the police to arrest the person upon breach of the order. If a POA is not attached to the order then the protected person must apply to the same civil court in which it was granted for a warrant for arrest.

The Domestic Violence, Crime and Victims Act 2004 introduced the offence of a breach of a non-molestation order which can be punished either as a criminal offence or as a civil contempt of court, circumventing the need for POAs.

Protection from Harassment Act 1997

The Protection from Harassment Act 1997 (PHA 1997) allows people to seek restraining orders and to claim civil remedies including injunctions and damages – for harassment offences. Anyone can apply for an injunction or damages against anyone else under this Act; it is not restricted to family and domestic relationships as are the provisions of the FLA 1996. Breach of an order under this Act is now a criminal law offence under section 5.

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