Domestic Abuse – We are a caring and sensitive firm that can help in these difficult circumstances
Experiencing domestic abuse of any kind can be a harrowing experience. However, our friendly and experienced team of family lawyers understand the effects of domestic abuse and can help you resolve your issues in this area.
Domestic abuse might not involve violent acts, or the threat of violence. Domestic abuse can also be psychological, sexual, financial or emotional.
We promise to listen carefully and sympathetically to your situation, and then to consider options available to you, which might include:
An occupation order – This type of order can exclude a party from entering your home, or the vicinity of your home; or restrict their right to live there, such as preventing them from entering certain areas of the home. It may also address who should pay the rent or mortgage. This type of order can be enacted even if you do not own your home. A court has the power to attach a power of arrest to an occupation order, allowing the police to arrest anyone who breaches it.
A non-molestation order – Depending on what the court decides is appropriate in an individual case, this type of order might forbid a party from using or threatening violence; or coming within a specified distance of you, your home or your place of work; or it might prevent them from communicating with you, unless done via solicitors. Such an order can only be granted if you and your abuser are ‘associated persons’, i.e. you are or have been married, civil partners or cohabiting partners; or have had a significant intimate relationship. It is a criminal offence to breach a non-molestation order.
Protection from Harassment – The Protection from Harassment Act allows a court to forbid harassment of one party by another. Again, breaching a court order made under this Act is a criminal offence. The Act also grants the court the power to award damages.
Occupation orders and non-molestation orders are usually reviewed by a court every 6-12 months.
At Courmacs we recognise that domestic abuse within a household can also be very distressing for children and dependants. We believe that delivering the best outcome for both the victim and any children involved is of paramount importance. Any court order made in a domestic abuse case may for example state that a party can only have indirect contact or supervised contact with a child.
Our family law department are here to help and we look forward to speaking to you.