Domestic Violence Act 2018
Safety and Protection Orders may be obtained by:
- Spouses and civil partners.
- Parents with a child in common.
- Partners in an intimate relationship (including cohabitants and dating partners).
- Parents of an abusive child, when the abuser is a non-dependent child (i.e. an adult).
- People residing with the respondent in a non contractual relationship.
All of the above include former partners also (e.g. former spouse, cohabitant, etc.)
In practice anybody in an intimate relationship can now apply for a Safety or a Protection Order.
A Safety Order lasts up to 5 years.
A Protection Order ceases when the Court decides on an application for a Safety Order or a Barring Order.
A Safety Order does not exclude the offender from the home but offers the applicant (or a dependent) safety by prohibiting the respondent from:
the use of violence, or threats to use violence against the applicant/ dependent, or:
molesting or putting the applicant/ dependent in fear.
If the respondent is living elsewhere, the Order prevents the respondent from watching or besetting the home of the applicant/ dependent. The Court may place such exceptions or further conditions on the Order as it sees fit.
This Order may remain in place up to 5 years after its making and may be renewed.
Guide to Safety Orders in Dating Relationships is available here