Protection Orders
The Domestic Proceedings (NI) Order 1980, as amended, applies to cohabiting couples. A cohabiting couple is a couple who live with each other in the same household as if husband and wife. The regard is given to the length of time living together and whether there are children. The legislation entitles the court to intervene if one party threatens violent acts regarding property rights.
This 1998 order replaces the above position in relation to domestic violence and residual issues. The Domestic Violence (Northern Ireland) Order follows Part 4 of the Family Law Act 1996 in England and Wales. Under the 1998 Order, the Court may grant an Occupation Order or a Non-Molestation Order.
A non-molestation order is equivalent to an injunction ordering the respondent to desist from interfering with, pestering, or annoying the applicant. They do not require the respondent to leave a property. Or the orders may be used to establish an exclusion order. This may be around the applicant’s home.
A non-molestation order may be sought by persons married or formerly married cohabitees or former cohabitees, relatives, persons engaged, children, or parents.
A non-molestation order may be made for a period or until a final order. Where it is made ex parte by one side, it should be for a limited period.
Failure to comply with an order amounts to contempt of court. It is also a criminal offense. The police have the power of arrest without a warrant where a person breaches the order.
The Protection from Harassment NI Order 1997 provides a more general power to prevent harassment. It is not limited to the family relations set out in both.
In order to seek an order, there must have been at least two incidents of harassment. Harassment also constitutes an offense.
The person harassed may apply to the high court or county court for an injunction. Breach is contempt of court.
There must have been two incidents of harassment. The offense is constituted for a person’s support and others in fear of violence on at least two occasions or knows or often knows that their conduct will give rise to fear. The criminal court may make a restraining order for protecting the person from doing anything provided in the restraining order.