Domestic Violence and Domestic Abuse Solicitors

Talk to one of our expert domestic abuse solicitors  today on 0330 111 3131 or via our online enquiry form.

Important

Your personal safety is crucial.

If you are at risk of harm and need to speak with the police but cannot talk, you can use the ‘Silent Solution’ as follows:

1. Dial 999
2. Listen to the questions from the operator
3. Respond by coughing or tapping your device (if you are able to do so)
4. If prompted, press 55 to let the operator know it’s a genuine emergency and you’ll be put through to police.

What is domestic abuse and violence?

Domestic abuse is any behaviour that is abusive between individuals aged 16 or over who are personally connected. It can also involve a pattern of controlling, coercive or threatening behaviour between people who are, or have been, in an intimate relationship or family setting. Domestic abuse is far more common than many people realise, and it isn’t always physical. Abuse can be emotional, financial, sexual or psychological, and it can happen to anyone regardless of age, background or relationship type. Types of domestic violence and domestic abuse include:

• Physical violence — any act that causes injury to your body
• Psychological abuse — behaviour that causes emotional harm or trauma
• Sexual abuse — any unwanted sexual behaviour
• Harassment — unwanted behaviour that makes you feel unsafe or intimidated
• Coercive control — a pattern of threats, humiliation and intimidation used to make you feel dependent on the abuser
• Financial abuse — when a partner limits or controls your access to money or family assets
• Threats — any threatening behaviour, whether verbal or non-verbal

If you’re concerned about a friend or family member, signs aren’t always obvious. Withdrawal, changes in mood, sleep problems or unexplained injuries can all indicate that something isn’t right.

How we can help with domestic violence and domestic abuse

Our domestic abuse solicitors can help you understand your rights and take steps to protect yourself and your children. It is important to understand that Family Court protections are not immediate, and that the police should be contacted in the event of an emergency. Police powers in respect of domestic abuse are significant, wide-ranging, and come with no cost implications.

Getting legal protection from the Family Court

Our domestic abuse solicitors can move quickly to apply for protection orders from the Family Court on your behalf, handling all paperwork and representing you at court hearings.

Non-molestation orders

A non-molestation order is a type of ‘restraining order’ that prevents an abuser from using or threatening violence against you or your children, harassing or intimidating you, or coming within a set distance of your home. Any breach of a non-molestation order is an arrestable offence. It is important to understand that non-molestation orders are short-term orders, typically issued for a period of between 6-12 months. In certain situations they can be made ‘until further order’, though this is relatively rare.

Occupation orders

An occupation order can restrict or remove your partner’s right to occupy the family home, giving you and your children a safe space. Whether a breach is an arrestable offence will depend on whether or not the occupation order has a ‘power of arrest’ attached to it. Again, occupation orders are short-term orders. The duration of the occupation order depends on what the relevant facts are, summarised as follows:

• If you have a right to occupy the home as a result of a legal interest in it (which will be automatic if you are married to the abuser): There is no fixed maximum duration, and the occupation order can be made ‘until further order’.
• If you were formerly married or the civil partner to the abuser: The initial duration cannot be longer than six months (though extension orders can be made, with each extension also limited to a maximum of six months).
• If you or your spouse / civil partner live at the property but neither of you has a legal right to remain at the property: The initial duration cannot be longer than six months (though extension orders can be made, with each extension also limited to a maximum of six months).
• If you are the current or previous cohabitant (i.e. unmarried partner) and have no legal right to occupy the home but your abuser does, and you lived in it together (or intended to live in it together): The initial duration cannot be longer than six months (and only one extension order can be made, with that extension also limited to a maximum of six months).
• If you are the current or previous cohabitant (i.e. unmarried partner) and neither you nor your abuser have a legal right to occupy the home, but you live or lived in it together: The initial duration cannot be longer than six months (and only one extension order can be made, with that extension also limited to a maximum of six months).

Prohibited steps orders

Where children are involved, a prohibited steps order can prevent the abuser from removing a child from your care (or from school), or taking them abroad without your consent. A court fee is payable in respect of an application for a prohibited steps order.

Police domestic violence protection notices (DVPNs) and orders (DVPOs)

In urgent situations, the police can issue a domestic violence protection notice (DVPN) to remove the abuser from the home immediately. This is irrespective of whether the abuser owns the home. DVPNs are issued by the police themselves, and are enforceable from the time they are issued.

This can be followed by a domestic violence protection order (DVPO), extending that protection for up to 28 days while longer-term arrangements are made. DVPOs are issued by the magistrates’ court.

Divorce, finances and other matters

We can advise, represent, and help you with substantive matters in respect of the separation, including divorce, financial matters, and child arrangements.