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Family Out of Hours Emergency Number: 01522 559911
  • Family Law
  • Domestic Abuse & Injunctions

    People who suffer domestic violence often feel isolated and embarrassed, and that they are the only ones suffering in this way.

    However, domestic violence by a partner or a previous partner, which can consist not only of actual violence and threats, but also bullying and emotional abuse is sadly very common. There are effective steps which can be taken to protect a victim and any children who are part of the relationship.

    An injunction is an order that prevents a person from doing something or acting in a particular way, it can also prevent them from encouraging other people to do anything that they are not permitted to do. There are two forms of injunction that you can apply for, a Non-Molestation Order and an Occupation Order.

    A Non-Molestation Order protects the rights of you and your children. If you have been the victim of domestic violence you can obtain an Order that prevents the aggressor from behaving in that way and also prevents them from contacting you or the children.

    An Occupation Order protects your rights in relation to the property. An Order can state that one party be allowed to remain in the property or set out when each party can enter the property. This can also include that a party is not to come within a certain distance. These Orders are often more difficult to obtain but if you feel that you should be entitled to an Occupation Order you should discuss this with your solicitor.

    When children are involved it is often the case that the aggressor will make threats involving the children and where they should live, if you have any concerns in relation to the safety and welfare of your children you should seek legal advice.

    Legal Aid can be available for domestic violence cases.

    Frequently Asked Questions:

    Q: Should I call the police?
    A: If any threats are made towards you, you should ring the police although there are certain circumstances where you will feel that this is not appropriate.

    Q: Does the aggressor need to know that I have contacted you?
    A: No, anything that you say within our offices is confidential. If you decide to proceed to obtain an Order it may be possible in certain situations to seek an Order from the Court without the other party knowing. Once the Order has been obtained then the other party will need to be advised at that stage to ensure that the Order is effective and offers you protection.