Domestic Abuse Solicitors
If you feel unsafe and want to obtain protection from violence or abusive and harassing behaviour, then we can help you.
In cases where an urgent application to Court is required, we can act quickly to make sure that your application is in Court the same day that we are instructed.
If you need protection from someone who is abusive towards you then you may need a Non-Molestation Order and or an Occupation Order. Where appropriate, this can offer protection to your children as well.
We will always deal with your case sensitively and at a pace that you are comfortable with. We can give you clear advice so that you can make a decision on how best to protect yourself, as soon as you are ready.
We are also able to offer you advice about support services that may be available to you and alternatives to Injunction proceedings. We have good working relationships with other organisations that are committed to helping you be safe.
We offer free initial telephone consultations to all our clients. We are also able to provide Legal Aid in most domestic violence cases, so please call our specialist Family Law Solicitors now on 0844 800 9860 or contact us online for advice.
Non-Molestation Orders
The person applying for a Non-Molestation Order is called the Applicant and the person who the Order is made against is called the Respondent.
Non-Molestation Orders aim to protect those at risk of suffering harm, as a result of another person’s behaviour towards them. Specifically, Non-Molestation Orders prohibit the Respondent from behaving in any way that is perceived by the Court as amounting to molestation of the Applicant or any relevant child.
Non-Molestation Orders recognise the need to protect Applicants from physical harm, harassment and where appropriate, emotional harm.
In deciding whether to exercise its powers to make a Non-Molestation Order, and if so in what manner, the Court shall have regard to all the circumstances including the need to secure the health, safety and well-being of the Applicant and any relevant child.
A Non-Molestation Order can be expressed in general terms, or can clearly define particular acts which are forbidden. Most Courts prefer to clearly define the terms of any Non-Molestation Order, so as to avoid Respondents misunderstanding the terms of the Order. The majority of Non-Molestation Orders are made for a period of six to twelve months.
Occupation Orders
If you live with someone that you are frightened of because of violent or controlling behaviour and you fear that you and your children are at risk being in the same household, you may need an Occupation Order.
Occupation Orders give the Court power to deal with the occupation rights of property, whether that property be owned or rented. An Occupation Order can:-
- Require the Respondent to permit the Applicant to enter and remain in the property or part of the property;
- Regulate the occupation of the property by either or both parties. This means that the Court can Order than one party be excluded from certain rooms within the property as the Court deems appropriate;
- Require the Respondent to leave the property;
- Exclude the Respondent from a defined area in which the property is situated.
The most common Occupation Order to be made is for the Respondent to be ordered to leave the property and then not go within a specified distance of it.
Occupation Orders do not have any impact on the legal ownership of the property or the financial interest either party may have in the property.
There is no maximum duration. However, most Occupation Orders are made for 6 or 12 months or in some situations for the duration of other related proceedings such as divorce and financial remedy proceedings.
Our Domestic Abuse Support Services
We offer free initial telephone consultations for all of our clients. If you are financially eligible, we are able to provide Legal Aid for this service.
Please call our specialist Family Law Solicitors now on 0844 800 9860 or contact us online for advice.
We understand what a difficult time you are experiencing and our aim is to ensure that you have all of the necessary advice and support to make the decisions that are best for you and your children in a supportive environment.