Domestic Abuse

Domestic abuse describes a range of behaviours, including physical, sexual, emotional, or coercive (including financial) control over someone from a partner, ex-partner, family member or someone you have lived with. 

Domestic abuse can cover a wide range of things that have already happened or which have been threatened.  

It also includes controlling or coercive behaviour designed to intimidate, isolate or harm. 

It can also include harassment within a family context.

Our experience shows that domestic abuse happens in all groups and sections of society and is not exclusively by men against women. It can also be understood and experienced differently depending on age, gender, sexuality, culture, disability or mental health.

Our skilled team can advise you about steps that you can take to protect yourself (and any children you may have), whether you are living separately from an abusive partner or still sharing a home.

How We Can Help

Our Family Law team can assist with abuse or harassment within a family relationship or intimate partnership. This includes:

• Abuse from a spouse, partner or ex-partner
• Abuse from a family member
• Controlling or coercive behaviour
• Harassment, threats or intimidation occurring within a domestic or family context

If your situation involves harassment by someone outside of your family or relationship (such as a neighbour, colleague or stranger), then you should contact the police, who may be able to take protective action on your behalf resulting in a Restraining Order, or other protective orders.

Court Orders to Protect You

If your circumstances are particularly serious, an urgent application may need to be made to the Court to obtain Orders to protect you. The two main types are:

Non-Molestation Order

This is intended to protect you from actual violence or the threat of it, and also prohibits your abuser from threatening, intimidating or harassing you or your children. Any breach of a Non-Molestation Order is a criminal offence, and, if found guilty, your abuser can face up to five years in prison.

Occupation Order

This Order prevents your abuser from coming into your home or returning to a specific area around it. A power of arrest can be attached to this type of Order, meaning that your abuser can be arrested if the order is breached. Breach of an Order can carry a prison sentence. It is generally difficult to get an Occupation Order without your abuser being aware of it, as the Court will usually want to hear evidence from both people involved, especially where you are trying to exclude an abuser from a jointly owned property.

Both types of Order are usually made for an initial short period, following which a second hearing will take place.  Both types of Order typically last between 6 and 12 months although can be extended in certain circumstances. 

Legal Aid

We may be able to offer legal aid in relation to this type of matter in certain circumstances. Please contact one of our specialists to see if you are eligible.

Enquire today