CASE STUDIES INVOLVING DOMESTIC ABUSE

Non-Molestation/Occupation Order

During coronavirus lockdown measures, Claire Holland dealt with a Non-Molestation Order/Occupation Order application on behalf of a husband against his wife.

Case Resolved:
An interim Non-Molestation Order was granted by the Court via a Skype hearing. The Court set a hearing date for the matter to be reviewed a month later, and to give the Respondent (wife) the opportunity to file her own statement in response to the application.

In this case, it was possible for Claire to negotiate with the wife’s solicitor and the parties were able to agree that the wife would give an undertaking not to pester, harass and threaten the husband and both he and the children could return to the family home to live and the wife would vacate the property.

An Order by consent was filed with the Court clarifying that the parties agreed that the Court should make an Occupation Order in the husband’s favour and it was necessary for the wife to attend a hearing to formally give her undertaking to the Court.

– Case resolved by Claire Holland.


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Non-Molestation Order and Children Arrangements Order

Holland Family Law’s Adam Markillie represented a male client who attended the office regarding a concern he had about his children in the care of their mother. The client was still living as a married couple with his wife and children in the matrimonial home.

During the appointment, the client was asked questions about his background and his concerns and it became apparent that he was being verbally and physically abused by his wife.

Domestic Violence

The client had told no one prior to the appointment about the abuse, fearing people would mock him and not believe him. The client was immediately referred for advice regarding the domestic violence.

Following on from the advice from a domestic violence organisation, the client returned and requested an application for a Non-Molestation Order and an Occupation Order for the matrimonial home for him and the children.

The client was also advised regarding applying for Children Act Applications for an Order that the children live with him and have supervised contact with their mother until such time as the mother has completed programmes in regard to domestic abuse.

Case Resolved

The non-molestation matter was listed for trial as the mother defended the applications made by the client.  During the proceedings and cross examination of the mother, she admitted to the Court the domestic abuse and asked for help.

The mother sought advice and help, and the children matter was listed at Court.  The father was granted a Children Arrangements Order – Live With – for the children to live with him and a Children Arrangements Order – Contact With – for the children to have contact with the mother.

An Occupation Order was not required as the mother agreed to leave the matrimonial home in the best interest of the children.

– Case resolved by Adam Markillie.

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