Victims of domestic abuse and coercive control often feel trapped, particularly where there are shared living arrangements, leading to the family home being leveraged as part of the ongoing pattern of abuse and intimidation.
Our family team was instructed on a sensitive matter involving the wife looking for protection against her husband following a history of domestic abuse, including sexual violence, throughout the marriage.
For context:
The client and her husband had been married for a relatively short period of time, but the entirety of the relationship had been blighted by intimidating and aggressive behaviour by the husband, together with sexual violence against the wife. This behaviour started on the night of the wedding, when the husband assaulted the wife while she was asleep. These behaviours continued throughout the marriage, leaving the wife dealing with extreme anxiety and PTSD.
The challenges facing the client
The situation was complicated by the fact that the Family Home was a local authority property held under a joint tenancy due to both parties’ additional health needs, which prevented either from gaining employment.
Following the breakdown of the relationship, the husband initially left the family home but had been putting increasing pressure on the wife to allow him to return to occupy the property. The mounting pressure from the husband led the wife to seek legal advice from Tees.
Legal protection under the Family Law Act 1996
When a party has been subjected to domestic abuse, there are steps which can be taken under the Family Law Act 1996 to prevent the behaviour continuing and to protect the victim. Domestic violence or abuse includes all kinds of physical, psychological, sexual, financial and emotional abuse between people who are, or were, in a relationship with each other or are family members over the age of 16.
In addition, the law enables those subjected to domestic abuse to apply for injunctions to protect themselves. These orders are called Non-molestation Orders and Occupation Orders.
What is a non-molestation order?
A Non-Molestation Order is an injunction that protects you from domestic abuse, harassment or threats from a connected party, including a husband/wife or partner. These orders prohibit such behaviours as violence, verbal abuse or threats.
What is an occupation order?
An Occupation Order, on the other hand, is a type of injunction regulating who can live in, enter or remain in the family home. It can exclude one party from the property entirely or set conditions around occupation, providing immediate protection for the applicant’s safety and well-being.
In urgent cases, where there is a significant risk of harm, both orders can be applied for on a without notice (ex parte) basis.
What happened next?
Drawing on our experience within the field of Domestic Abuse, we advised the client about the available protections under the Family Law Act 1996 of Non-molestation Orders and Occupation Orders to include the potential to obtain an emergency ‘without notice’ or ‘ex-parte’ order due to the urgent nature of the matter, whereby the husband had recently attempted to access the property by force.
Due to the property being held as a joint tenancy, we also advised the client about the option to apply to transfer a tenancy under the Family Law Act 1996 to have the tenancy transferred into her sole name.
The outcome
Securing ongoing protection through the courts
Based on the evidence advanced, the court granted an interim Non-Molestation Order, recognising that the wife required urgent protection from the husband.
A return hearing was then listed to allow the husband the opportunity to put forward his own position. Tees made detailed submissions emphasising the ongoing risk of harm and the need for continued protection.
The court were convinced of the client’s position and continued the Non -Molestation Order as requested.
Resolving the joint tenancy agreement
In the background to the client’s Non-Molestation and Occupation Order applications, the husband cross-applied for his own Occupation Order, citing his health condition as grounds for being permitted to return to reside in the property, to the client’s exclusion.
We then assisted the client with her application to have the tenancy transferred into her sole name to ensure her physical safety and security moving forward.
Due to the client’s desire to avoid the costs associated with a Final Hearing, Tees were able to effectively negotiate with the husband’s solicitor, reaching an agreement for both parties to execute a Deed of Assignment to transfer the tenancy at the family home into the client’s sole name.
Why Tees made a difference
Throughout the process, we provided specialist advice on:
- the protective measures available under the Family Law Act, to include Non-Molestation and Occupation Orders
- special measures at hearings to ensure the client was protected from further intimidation by the husband
- the wider court process and the possible outcomes at every stage
- the transfer of a tenancy within Family Law Act proceedings
- the benefits of out of court dispute resolution
- specialist advise on domestic abuse and family law.
Our team combined technical legal expertise with a sensitive and pragmatic approach, guiding the client through an extremely challenging period of her life and achieving immediate protection for her, as well as her ultimate aim of having the tenancy at the property transferred into her name for her sole occupation moving forward.
Giving you the full picture
If you feel that you or someone you know requires advice, please contact our family law team for clear, practical advice tailored to your specific circumstances.
