If you have been affected by domestic abuse (including domestic violence), our experienced family lawyers in Jersey can advise you of your legal options.
Injunction proceedings can be issued quickly, depending on the circumstances of your case, to provide you with the protection of the Court.
Jersey law protects the most vulnerable people in society, at Confidante (Family Law), we will act in those circumstances to either protect you or to advise you if an allegation of domestic abuse is made against you.
i) stopping someone from contacting or approaching another (known as a Non-Molestation Order; often ordered in cases involving ongoing harassment and/or domestic abuse/violence); or
ii) seeking the removal of someone from a property (known as an Ouster Order – again commonly ordered when there has been harassment and/or domestic abuse/violence); or
iii) stopping someone from taking a child out of the jurisdiction (known as a Non Removal Order); or
iv) preventing someone from disposing of assets (known as a Mareva Order).
Domestic abuse can include, but is not limited to, the following:
Abusive relationships can be very damaging to relationships and cause great harm. Often, if the abuser isn't prepared to take responsibility for their behaviour and seek help, the only way forward is to leave the relationship and separate.
Separation itself can be difficult. It can be a time when the abuse increases and therefore it is essential that the victim reaches out for support.
If you have been a victim of domestic abuse, you can take steps to protect yourself from further incidents;
An Injunction is a judicial order restraining a person from beginning or continuing an action.
In the context of domestic abuse, the Court has the power to order;
In the context of divorce proceedings where one party is concerned that their spouse has or is likely to dissipate assets, the Court has the power to make a Mareva / Freezing Order.
One of the strongest ways you can protect yourself against domestic abuse is by taking out a non-molestation order against your abuser.
They forbid specified behaviour, such as threatening you, or limiting their actions, like visiting your home.
A non-molestation order is typically issued to prohibit an abuser from using or threatening physical violence, intimidating, harassing, pestering or communicating with you. An order could prevent the abuser coming within a certain distance of you, your home address or even attending your place of work. It could also include your children in certain circumstances. An order will also prevent an abuser from instructing or encouraging others to do any of those actions.
When deciding whether to grant an order, the Court will consider all your circumstances, primarily the need to secure the health, safety and well-being of you and any children. Evidence of abusive text messages/emails along with photos of any injuries or damage to property will strengthen your case.
An Ouster Order requires someone to leave the family home and/or not to come within a specified distance of the home. An Ouster Order is not limited to circumstances where there has been physical violence; behaviour causing mental distress is sufficient.
A Non-Molestation Order can be combined with an Ouster Order in appropriate cases.
If you are the victim of domestic abuse and you are considering whether or not an injunction may be appropriate, it is highly advisable that you seek legal advice from a specialist family lawyer in Jersey, without delay. A lawyer will be able to assist you as to the most appropriate next steps.
If you are concerned about the costs involved in taking out an injunction (either because you do not have funds or access to funds if the abuser controls the finances), you may be entitled to legal aid and a lawyer in Jersey will be able to advise you about your options.
A Mareva Order is a very considerable restriction on a person’s ability to carry on with their everyday life. The injunction usually restrains that person from dealing in any way with some or all of their assets.
In the context of a divorce, a Mareva or Freezing Order, may be appropriate if one of the parties has or is at risk of dissipating assets to defeat their spouse’s claim.
If you are separated from your spouse and you are concerned that they already have, or may be about to, dissipate assets, it is highly advisable that you speak to a specialist family lawyer in Jersey to obtain urgent legal advice.
We know how daunting it can be to talk to a family / divorce lawyer and potentially commence a legal process relating to divorce, separation or your children.
If you would like to hear a little more about who we are, whether we would be a good match for you or when we can get started, get in touch and let’s start the conversation.