For the first time, the Crown Prosecution Service has looked into so called false allegations of domestic violence and rape which have been published by the Director of Public Prosecutions. The report which looks at a 17 month period, shows that false allegations of rape and domestic violence are perhaps more rare than previously thought although reported cases remain serious.
The Family Law Act 1996 provides protection for victims of domestic violence. In certain circumstances it is possible to apply to the court for an injunction such as a non-molestation orders which if successful forbids the use of violence. Breach of a non-molestation order is also a criminal offence. It may also be possible to obtain what is known as an occupation order in certain circumstances which if successful would allow the applicant to occupy the home to the exclusion of the other party. It is however always important to obtain specialist legal advice before embarking upon such a course of action.
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