Domestic Abuse

What is domestic abuse?

Domestic abuse can include, but is not limited to:

• Physical harm
• Sexual abuse
• Psychological and emotional abuse
• Coercive control
• Financial control
• Harassment and stalking
• Online and digital abuse

Victims can be either male or female – the law does not discriminate.

It’s important to remember that domestic abuse does not necessarily have to involve physical violence. In 2015, the Serious Crime Act was changed to include psychological and emotional abuse, such as coercive and controlling behaviour in a relationship. A raft of new amendments to the Domestic Abuse Bill in 2021 will also provide greater protections for victims.

How we can help

We use the law to protect those vulnerable to domestic abuse. This involves applying for Court Injunctions. Together, these can prevent a particular person from approaching you, contacting you, and entering your property.

If you are subject to any form of abuse, you should contact us as soon as possible. We will apply for an injunction on your behalf. There are two types of injunctions that may be useful in your case:

1. A Non-Molestation Order
2. An Occupation Order

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Non-Molestation Orders

A Non-Molestation Order can forbid your spouse/partner from:

• Using or threatening violence against you (and your children)
• Intimidating, harassing or pestering you (and your children)
• Going to areas/addresses he/she knows you (and your children) are living or visiting regularly, including school, your workplace or the gym

Occupation Order 

An Occupation Order will require your spouse/partner to vacate your property.

The Order allows the Court to decide who should live, or not live, in the home or any part of it. The Order can also exclude the other person from an area around the home.

An Occupation Order can also deal with who pays the rent or mortgage and outgoings on the property, who has to maintain the property, what furniture and contents can be used and whether the party in occupation should pay a "rent" to the other person.

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What happens next?

If an Order is made in your favour, it could be for a specified period, until the occurrence of a specified event or until another Order is made by the Court. If it is for a specified period, then it is often for six months. In certain circumstances, it is possible for the Order to be renewed for a further period of six months.

Support for domestic abuse victims

If you need help in relation to domestic abuse, or someone close to you does, there are support networks and charities available to men and women. This includes Refuge, Victim Support and IDAS. If you would prefer to speak with someone familiar, you could make an appointment with your GP.

If you’re suffering domestic abuse, obtaining sensitive, practical and timely legal advice is essential. Our domestic abuse solicitors have extensive and wide-ranging experience in helping clients extricate themselves and their children from abusive relationships. We do not offer a legal aid certificate but are very transparent with our fees.

Fighting domestic abuse charges

We also know that many people can find themselves wrongly accused of domestic violence. If you have been accused of perpetrating domestic abuse against your partner and/or children, we can offer legal advice and possible representation in relation to proceedings in the Family Court.

Get in touch with our experts today for free, no obligation legal advice

0161 521 0829

Request a Callback