What is the law on domestic violence UK?

There has been a lot of media coverage of domestic abuse and the need to reduce and eradicate it. Campaigners and the best London divorce solicitors know that they are a long way away from preventing domestic violence occurring in households across the UK. However, over recent years there has been a lot more acknowledgement that domestic violence, in its many forms, is taking place across the UK, and that the courts and agencies need to protect victims.

What is the law on domestic violence UK?

There has been a lot of media coverage of domestic abuse and the need to reduce and eradicate it. Campaigners and the best London divorce solicitors know that they are a long way away from preventing domestic violence occurring in households across the UK. However, over recent years there has been a lot more acknowledgement that domestic violence, in its many forms, is taking place across the UK, and that the courts and agencies need to protect victims.

There used to be a time when even physical abuse that took place in a relationship was considered off limits from interference by professional agencies, such as the police and courts. Nowadays the law on domestic violence in the UK recognises many forms of domestic abuse including:

• Physical;
• Emotional and psychological;
• Financial abuse;
• Control and coercion;
• Technological.

The UK government has said it wants anyone experiencing domestic abuse, including:

• Women;
• Children ;
• Men;
• Vulnerable people in society , such as asylum seekers or migrants

to all have the full protection of UK domestic violence law and the support of agencies such as:

• National Centre for Domestic Violence;
• Women’s Aid;
• Men’s advice line;
• Refuge;
• NSPCC.

The best London divorce solicitors say that if you are experiencing domestic abuse or even if you are not certain if what you are experiencing ‘counts ‘as abuse you should take advice from your local domestic abuse charity or from a London family law solicitor.

How can OTS Solicitors help?

If you are experiencing domestic abuse or have had allegations of domestic violence made against you then OTS Solicitors can help you. If necessary, we can represent you in court proceedings for family court non-molestation or injunction orders or orders relating to your children.

For a confidential discussion about how we can help you and your family please call the family law team at OTS Solicitors on 02039 599123.

What is the law on domestic violence UK?

The top London divorce solicitors say that first and foremost the law on domestic violence in the UK is there to protect everyone, regardless of age, race, gender, sexuality or migrant status.  No one should feel excluded from the protection of the law against domestic violence and the laws protecting victims of domestic abuse.

Most examples of domestic violence, for example your partner or ex-partner hitting you or pushing amount to a criminal offence. If you feel at immediate risk of harm, you should call the police. They are there to help you in an emergency and to take action if a criminal offence has been committed.

The best London divorce solicitors know that some people who have experienced domestic abuse do not feel that they can call the police because they are or were in a relationship with their abuser or because the abuse is not physical and is ‘just stalking’. Whatever your relationship, the UK domestic violence law says that you should not be assaulted or harassed. Your abuser may have committed criminal offences and they could be prosecuted.

Understandably, many people are worried about calling the police out, as they do not want the father or mother of their child or their former partner to be arrested by the police and be prosecuted. However, but they do want the domestic violence to stop.

In any emergency, the police should be called as they can provide immediate protection and help you get out of an emergency.

The police can put a Domestic Violence Protection Order in place. This type of order should prevent the perpetrator from returning to the family home, or from contacting you for 28 days. If physical violence has taken place then the offender could be charged with the criminal offence of assault.

If you do not want to involve the police, you can consider applying to the family court for an injunction order. The best London divorce solicitors can help you secure either a non-molestation or an ouster injunction order.

Non-molestation injunction orders

The top London divorce solicitors advise that non-molestation injunction orders prevent an abuser from using or threatening violence, intimidating, harassing or pestering you.

The length of a non-molestation order is at the discretion of the family court. The orders are usually in put in place for anywhere between 3 and 12 months. If an abuser breaches a non-molestation order, the police can be called. The police will have the power to arrest the perpetrator.

Occupation Orders

An occupation order states who is permitted to live in the family home. This type of family court order is really useful if:

• A partner or former partner has been violent but refuses to separate and leave the family home ;
• A partner or former partner keeps returning to the family home and you are frightened of the harassment and fear further violence.

There are many other scenarios when an occupation injunction order can be granted by the family court.

The top London divorce solicitors say that an occupation order can exclude a perpetrator of domestic violence from the family home or a part of the property. Alternatively, the order can restrict a perpetrator from coming within a certain distance from your house, place of work or the children’s school.

Like a non-molestation injunction order, an occupation order will not last indefinitely. It is designed to help you while you sort out long-term ownership or occupation of the family home.

Emergency injunctions

In some emergency injunction situations, there is not time for your solicitor to tell the perpetrator of the domestic violence that you are applying to the family court for a non-molestation or occupation order.

The top London divorce solicitors say that this type of court application is known as a no notice court hearing. The court will not normally make an occupation order at a no notice hearing but will often make a non-molestation injunction order and then list the occupation order hearing after the perpetrator has had notice of the second court hearing.

It is not always appropriate to inform a perpetrator that someone is applying for an injunction against him or her because to do so would put the applicant at risk of further domestic abuse. As the person responding to the injunction hearing is not present at the first emergency court hearing, the court may only make short-term orders. The longer-term injunction orders would then be considered at a second injunction hearing, where the respondent to the injunction court application could attend and have their say.

How can OTS Solicitors help you?

OTS Solicitors divorce and family law team advise on all aspects of domestic violence, divorce, and family and children law. We provide sensitive, caring advice and can talk to you about your options if you are experiencing domestic violence or abuse or have had allegations made against you and are worried about what may happen next.

For a confidential discussion about how the family law team at OTS Solicitors can help you and your family please call us on 02039 599123.