battered wife

A woman subjected to physical violence by her husband. A battered wife (or one afraid of future violence) may now seek protection in a number of ways. She can apply to the court for a nonmolestation order, directing her husband not to molest, annoy, or use violence against her, or for an exclusion order, excluding her husband from the matrimonial home for a limited time (even if he is the sole legal owner). She can apply for these orders if she is also applying for some other matrimonial relief (e.g. a divorce petition). In addition, under the 1976 Domestic Violence and Matrimonial Proceedings Act, a battered wife can apply to the county court for a nonmolestation order or exclusion order, even if no other matrimonial relief is sought and no action brought in tort or criminal law. The court also has power, under the Matrimonial Homes Act 1983, to grant an order prohibiting, suspending, or restricting the husband’s right to occupy the house. When an exclusion order or a nonmolestation order is made, and when the husband has previously caused his wife physical harm, the judge may, under the 1976 Act, also attach a power of arrest without warrant on reasonable suspicion that the husband is in breach of the injunction. In cases of emergency an *ex parte injunction may be granted. Finally, the wife may apply to the magistrates’ courts for a personal protection order (for protection against violence by her husband) if violence has already been used or threatened. Under more restrictive conditions of the 1978 Domestic Proceedings and Magistrates’ Courts Act, magistrates may grant an exclusion order or attach a power of arrest to it. In theory, a criminal prosecution for *assault could be brought, but in practice this is seldom used by victims of domestic violence. Under the Housing Act 1985, local authorities have a duty to supply emergency accommodation to those made homeless when they have left their homes because of domestic violence. The powers of the county courts and magistrates’ courts also apply to “battered husbands” and, in the case of the county courts under the 1976 Act, to unmarried cohabitees (“battered mistresses”).