Domestic violence or domestic abuse can take many forms, including physical violence, sexual abuse, emotional or psychological abuse, verbal threats and intimidation, financial control, and coercive and controlling behaviour.
If you or your children are at risk of domestic violence or abuse of any form, the 24-hour National Domestic Abuse Helpline on 0808 2000 247 can provide you with immediate support and advice, including how to keep yourself and your children safe. If you are in immediate danger due to domestic abuse or violence, call the police to seek immediate protection on 999.
Legal options if you are facing domestic violence or abuse
If you and/or your child are a victim of domestic violence or abuse, once you are in a safe situation to do so, you can apply for a court order (also known as an ‘injunction’) to ensure that you both remain safe and protected. If the person named in the order that you need protection from violates the injunction, they can be arrested by the police.
Depending on the circumstances of your case, the court may decide to issue a ‘non-molestation order’ or an ‘occupation order’. There is no cost to you when applying for a ‘non-molestation order’ or an ‘occupation order’. However, you can pay for legal advice from an expert domestic violence solicitor who will support you through the process of gaining an injunction, fight for your rights, and ensure you are protected by the law.
Non-molestation order
A non-molestation order is a type of injunction issued by a court that prevents a perpetrator of domestic abuse or violence from using or threatening physical violence, intimidating, harassing, pestering or communicating towards the victim. You can apply for a non-molestation order if the person you are at risk of harm from is your:
- Current or former husband, wife or civil partner,
- Current or former fiancé, fiancée or proposed civil partner
- Boyfriend or girlfriend (you must have been in a relationship for at least 6 months) or
- Family member (e.g. parent, brother, sister, aunt or uncle).
It is also possible to apply for a non-molestation order against a person who has parental responsibility for your child or grandchild (e.g. adoptive parent).
Occupation order
An occupation order is another type of injunction issued by a court that excludes a named person from entering the family home and the immediate area around it. If the person named in the occupation order then enters the area or home (or attempts to do so), they can be arrested. You can apply for an occupation order if:
- You own or rent your home, which you shared with your partner, another person (i.e. cohabitant), or the parent of your child.
- You do not own or rent the in which you live, but you are married to the owner – in which case you have ‘matrimonial home rights’.
- Your ex-spouse is the owner or tenant of the home, and it was intended to be your shared matrimonial home.
- You live, lived, or intended to live with someone (i.e. as a cohabitee) who owns or is a tenant of the home.
How can our domestic violence solicitors help?
Our domestic violence solicitors will provide you with support, guidance, and legal expertise if you are a victim or at risk of any type of domestic abuse violence or controlling and coercive behaviour. If you need immediate protection from your partner, ex-partner, family member, or another person, we will immediately apply for an injunction to ensure that you and your children are safe and protected. Likewise, if you have an injunction in place to protect you and/or your children, and this has been breached, we will advise on enforcement and what you can do to further ensure your safety.
When you speak to a member of our domestic violence and abuse team, you can be assured that:
- Your matter will be handled with the utmost care, compassion, urgency, and professionalism and in complete confidence.
- We will provide you with the best legal advice regarding your situation and
- We will explain your options and guide you through the most appropriate course of action based on your individual circumstances and best interests.
If you decide to take legal action against your partner, family member or another person, such as filing for an injunction, we will oversee the entire process on your behalf. We will handle the preparation and submission of your injunction application, gather all of the evidence needed to support your case and provide you with full representation in court. Most importantly, you can be assured that we will guide and support you at each stage, ensuring that you and your child are safe and protected from the risk of future harm.