Domestic Violence
Regrettably domestic violence is all too common in both married and unmarried families.
If any of these statements applies to you, we can help you:
- Are you being physically and emotionally abused by your partner?
- Are you suffering from low self-esteem?
- Do you have the confidence to do something about it?
- Are you ashamed of the abuse and too frightened to tell anybody?
The Legal Position
You should apply to the Court immediately for what is called a non-molestation Order and if you need to remove the other party from the home, an occupation Order.
A non-molestation Order can be obtained on an urgent interim basis without the other party having knowledge. These apply when there is a real and immediate danger of serious injury or irreparable harm and of course any risk of significant harm to you or the children. The Court then on granting the interim Order will arrange a further appointment to allow your partner to give evidence as the Court need to have details from both parties to be able to make a decision.
If you are successful a Judge will forbid your partner from using or threatening violence against you and any children and/or intimidating harassing or pestering you and the children.
Since July 2007 a breach of such an Order is a criminal offence subject to 5 years imprisonment. It must be said however that initially if you are subject to threats and physical abuse your first telephone call should be to the police.
You can also apply for an Order that your partner vacates the property. This is known as an occupation Order.
The Court will have regard to all of the circumstances including:
- The housing needs and housing resources of each of you and any children
- Your respective financial resources
- The likely affect of any Order or of any decision by the Court not to exercise its powers on the health, safety or wellbeing of each of you and any children
- The conduct of each of you in relation to each other and otherwise.
The Court will also apply what is known as the balance of harm test. If it appears to the Court that you or any children are likely to suffer significant harm attributable to the conduct of your partner the Court must make an occupation Order unless it appears to the Court that you or your children are likely to suffer even greater harm if such an Order is made.
If such an Order was made in your favour it could be for a specified period until the occurrence of a specified event or until another Order is made by the Court. The period of time is normally 6 months.
What To Do Next?
You must contact Tim Giles who will see you immediately and take effective action to protect you. He will advise if you require an urgent interim Order and whether or not an occupation Order is obtainable and/or necessary. Tim has 36 years experience and is able to deal with you sympathetically and at the same time effectively.
How Much Will It Cost?
We believe the first interview is the important one for you. It will give you the first chance obtain answers to your many questions. You can see if you like us and able to achieve a rapport that gives you the confidence and trust to continue with your instructions.
It is for these reasons we offer an initial one hour of advice for a nominal fee. Call us to find out more about this (there is no charge for this initial conversation so you have nothing to lose).
Need Specialist Family Law Solicitors?
Please call 0121 236 7388 or by complete a Quick Enquiry Form.
Free Enquiry
Call us on 0800 068 3242 or make a Quick Enquiry and we will soon be in touch to explain how we can help you (no cost and no obligation).
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