What is Domestic Abuse?
If you are suffering from domestic abuse from your partner, you can apply to the court for a protective order, also known as an injunction. The injunction will protect you from your partner’s abusive behaviour.
Domestic abuse is defined as “any incident of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of their gender or sexuality”
If you are suffering from any domestic abuse it is extremely important that you seek legal advice immediately. Your case will be handled by one of our experienced lawyers, who will prepare the injunction paperwork and represent you at court.
There are two different types of injunctions that can protect you from domestic abuse:
This is an order granted by the court preventing your partner from ‘molesting’ you which includes not only violence, but also threats of violence and pestering. If your partner breaches the non-molestation order he or she will be arrested. Breaching a non-molestation order is automatically a criminal offence, punishable by up to 5 years in prison.
This is an order that you are free to occupy your home and will place restrictions on your partner. Depending on the facts of the case, it is possible for your partner to be completely excluded from the home. The criteria for obtaining an occupation order is complex, which is why it is so important that you seek legal advice from an experienced Lawyer who can assist you an making an application for an occupation order.
If you are suffering from domestic abuse, and you instruct us to apply for an injunction, you may be entitled to Legal Aid. If you are entitled, we would be able to provide free legal advice and representation. Please contact us for further information.
Domestic Abuse and the Coronavirus (COVID-19) crisis
The Coronavirus (COVID-19) crisis is causing unprecedented challenges for everyone across the country. Due to the current lockdown, all our staff are working from home, but we are still able to accept new cases and instructions as normal. The Family Courts are still operating. Your legal rights are not impacted in any way.