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In many cases, break-ups can be a result of or lead to violence, either actual physical or threatened violence or emotional abuse and harassment. Whether you have been subjected to it for many years, or it follows the break-up itself, there are clear steps that can be taken in order to get protection. Hannah Markham explores protection and prevention following a break-up.

In the English legal jurisdiction, you need to be seeking protection under the guise of either non-molestation or occupation orders (1). These are known as restraining orders in the United States and other jurisdictions. If an ex is stalking you, then you can seek an injunction keeping that person away under the Protection From Harassment Act 1997 (2).

Non-molestation orders prevent someone from using violence against, threatening violence or intimidating, harassing or pestering another person. The orders can also be worded so that they (the potential or actual abuser) cannot encourage another person to intimidate you or harass you on their behalf.

Sadly, in many cases, the need to obtain one of these orders follows years of abuse within a relationship, but sometimes they can be used to assist in getting someone out of a life - when they have become surplus to requirements.

If you find yourself facing an order of this nature, it having been obtained without you noticing it, then you should seek legal advice. You will always have the opportunity to go back to court and challenge the accusations levelled against you.

For those who really need the protection, be warned you are likely to be challenged and be forced to give evidence - which will be cross-examined and contradicted. This, in itself, can be a distressing situation. However you should get a competent legal advisor who can help you through the court day and remember, the protection you can be afforded is very important so fight it out!

Occupation orders regulate who lives in the property and should only really be sought if there has been, or there is a real fear of, violence and therefore two people cannot continue living together.

Interestingly though, if you find yourself dumped and thrown out of your home and you have "rights" in the property (3), you can apply through the courts for an order stating that you have a right to live in that property. Although, if this is the case you really need to be seeking legal advice as soon as is possible!

There are many different scenarios, which would necessitate turning to these types of orders for protection and each case has its own twists and turns. It is therefore imperative that each person who has any problems following a break-up, either as a 'dumper' or 'dumpee', should seek legal advice sooner rather than later.

Family Law Act 1996
This act can be either a civil or a criminal matter depending on the nature of the harassment. Property Rights are defined within the Family Law Act 1996 and each person should consult a solicitor or attorney to see if they have these rights.