Domestic Abuse – Overview
Both men and women can be victims of domestic abuse. Domestic abuse encompasses a wide range of behaviours including; emotional abuse, financial abuse, control, threats and intimidation, physical abuse and sexual abuse.
If you are a victim of domestic abuse, are at risk of being made homeless after separating from your partner or are being harassed or pestered by a partner or ‘associated’ person, then there are measures available to protect you from such behaviour. It is important to remember that there does not need to be physical violence in order to receive assistance.
Our specialist team is here to advise and guide you. Depending on the situation, we may need to act urgently to protect you (and your children). Such action may include making an application for a Non-Molestation Order (prevent an individual from using / threatening domestic abuse and/or harassing, pestering or intimidating an associated person or child), an Occupation Order (prevents an individual from residing in a property/restricts them to a certain area of the property) or a Prohibited Steps order (to prevent a child being removed from your care by the person named in the order).
Urgency
How applications for a Non-Molestation Order/Occupation Order are approached will depend on the severity of your current circumstances.
If you are at immediate risk of significant harm then an application may be able to be made on a without-notice basis. The Court considers it an extreme step to make an Order without hearing the other party so there must be an immediate risk. There will then be a return date when the other party will attend Court.
Some cases cannot justify applications being “without notice” but are nonetheless very serious. If the Court feels that a ‘without notice’ Order is too extreme they may list a hearing to address the issue to take place within a short time period to avoid delay.
If you are at immediate risk of harm, you should contact the police on 999.
Our guide offers further information. Alternatively, contact one of our solicitors. Our solicitors can meet you at any of our offices to talk about your situation. Contact us today to arrange an appointment.
