Domestic Violence, Injunctions, and Emergency Remedies

How our family law solicitors can help

We understand how hard it is to pick up the phone and ask for help from a domestic violence lawyer. Whether you have suffered years of abuse or have decided to leave because of the warning signs of domestic abuse our empathetic team will provide you with the family law and domestic abuse legal advice you need.

You may require a standalone emergency injunction to protect yourself or your children or things may be a bit more complicated as you need to sort out a financial settlement or you may be worried about the effect of securing an injunction on your spouse visa.

Our domestic violence solicitors can help you whether you are married, in a civil partnership, LGBTQI or same-sex relationship or in an unmarried relationship.  We are here to provide legal advice on domestic violence law and the emergency remedies you need in a calm and measured way, providing you with the route map to a fresh start.

Your safety comes first

As solicitors for domestic violence, our number one priority is your safety and the safety of your children.  If we believe you should apply for an injunction order without giving your former partner notice of the court application then we will explain how we can obtain an urgent court hearing for you.

At all stages, our domestic abuse solicitors will consider your safety. For example, if we are negotiating child contact and handover arrangements or if you are worried about meeting your ex-partner at court during your financial settlement hearing.

If you are worried about your safety, please ask how our domestic abuse solicitors can help you. For example, we can refer you to organisations that can provide practical support or counselling.

What is domestic abuse?

Domestic abuse is defined in the Domestic Abuse Act. The law is designed to protect you if you are in a personal relationship or if you have separated from a former partner and you were on the receiving end of domestic abuse.

You should not be worried about seeking domestic violence legal advice because you have not been subjected to physical violence and instead have been emotionally abused or financially controlled. You also do not need to have been hospitalised or for your partner to have been arrested by the police to be able to apply for an injunction order.

What counts as domestic abuse?

Domestic abuse includes all types of domestic violence, including physical assaults, emotional or psychological abuse, sexual violence, coercive and controlling behaviour, financial control, harassment, stalking and online digital abuse.

Domestic abuse can occur in any type of relationship – married, unmarried, civil partnership or same-sex and either gender can be the victim of domestic abuse.

The law on domestic abuse is framed widely to ensure that all victims of domestic abuse can get the legal protection they need.

How the law can protect victims of domestic violence

If domestic violence has occurred, you can apply to the court for a domestic violence injunction to protect you and your children.  The most common types of mandatory injunction are non-molestation orders and occupation orders.

A non-molestation order is designed to protect you from actual or threatened physical violence from your abuser.  Your abuser will also be banned from stalking or pestering you.  The protection offered by a non-molestation order against domestic violence can be extended to your children.

An occupation order can give you the right to occupy the property you shared with your former partner and restrict or prevent them from entering the home.

To apply for a non-molestation order or occupation order you must be an associated person, meaning you and your partner or ex-partner must be related or associated with each other in one of the following ways:

• Married, were married or engaged to be married
• In a civil partnership or were in a civil partnership or had agreed to form a civil partnership
• Are or were living together (this includes same-sex and opposite-sex couples)
• Live or have lived in the same household, for example as a flat share (this does not include tenants, lodgers or employees)
• Are related, including parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)
• Have a child together
• Have or had parental responsibility for the same child
• Are parties to the same family proceedings for the same child
• Are or were in an intimate personal relationship of significant duration

To apply for an occupation order, you must have a legal right to live in the home but you do not need to legally own the property.

Applications for a non-molestation order or an occupation order can be made either with or without the abuser or respondent’s knowledge (known as an on-notice or without-notice application). If you are in immediate danger, an application can be made without notice and a court date will then be set so the respondent can challenge the continuation of the injunction order.

It is less common for an occupation order to be made at a without-notice hearing because you may be asking the court to order that a person leave their home so you can occupy it safely.  Therefore, it is imperative to instruct an experienced domestic violence solicitor to advise you on the best way to apply to the court for an occupation order.

Our domestic abuse solicitors in London understand that applying for injunctive relief against an abusive partner is stressful.  You can rely on us to manage the process for you in a compassionate, professional manner, ensuring the safety and best interest of your children are our priority.

What are the signs of domestic abuse?

The signs of domestic abuse can be obvious physical injuries or there may be no outward signs. Our experienced domestic abuse solicitors can help you with an injunction application if it becomes apparent whilst talking to us about your divorce proceedings, a child arrangement order application or financial settlement that you also need an injunction to keep you and your children safe.

Penalties for breach of a non-molestation order or occupation order

It is a criminal offence to breach a non-molestation order and can lead to up to five years in prison.  Breaching an occupation order is not a criminal offence but the court can attach a power to arrest when granting the order.

If you believe your non-molestation order has been breached, it is best to call the police immediately.  Our team can provide emergency assistance when required to apply to have an injunction order enforced.

Can you claim compensation for domestic abuse?

You may be able to make a civil claim for domestic violence compensation but any domestic violence claim is separate from your injunction application. In family proceedings for a financial settlement, you may be able to ask the court to take the domestic abuse into account. For example, if your injuries have affected your ability to work.

Get in touch with us today to see how our family law solicitors can help you.

Our domestic violence solicitors can talk to you in confidence at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our domestic abuse solicitors in London.