Sadly, it is not uncommon for a wife or partner to be subjected to, or threatened with physical violence or to be abused, harassed or molested by their husband or partner. It is often surprisingly difficult for a victim of such behaviour to take action to deal with it and yet there are remedies at law which are readily available. What can be done? In the first instance, it may be prudent to call the police or at least report the incident to the police. In some circumstances, it may be that a letter from a solicitor warning that any repetition of such behaviour will generate Court proceedings, will have the desired effect and prevent further violence.

If such measures prove unsuccessful, then application can be made to the court for an injunction to protect you from further violence or harassment. The Court may make two kinds of order as follows: Non Molestation order. This is an order of the court whereby the perpetrator of the violence is ordered not to assault, molest, pester or harass the other partner or any children   Occupation order  This is an Order which decides who should carry on living in the home in the short term after there has been violence or harassment. One partner can be restricted in their use of the home or excluded from it, if such action is necessary for the health, safety or well being of the other partner or the children.

Emergency applications   In cases of extreme urgency, where there has been serious violence and immediate protection is required, a non molestation order or occupation order can be sought from the court without notice of the application to the court being given to the perpetrator. The other party will be given a chance of putting their side of the case at a later Court hearing.   Powers of Arrest   This can be attached to an injunction and will give the police power to arrest your partner if he or she breaks the order. To obtain a power of arrest, the court will need to be satisfied that your partner has used violence or has threatened to use violence against you is likely to do so again.   Committal applications   If your partner deliberately breaks the Court order, you may ask the court to commit him to prison as that is the ultimate sanction for any violent person who disobeys an Order of the Court.