Domestic Abuse or Domestic Violence
The UK government’s definition of domestic violence is ‘any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to psychological, physical, sexual, financial, emotional.’
If you are suffering domestic violence it might be suggested by friends and family ‘why don’t you leave’, we at Winrow Solicitors understand that this can be a difficult step to take. You may feel reliant on your partner financially, you may wonder where you can live, especially if you need to take children with you. Also, how many times have you heard, ‘I’m sorry, it wont happen again, Ill change’, this can be very persuasive when you are frightened and vulnerable . Of course the perpetrators of such behaviour can change, but experience says it is unlikely. Children also can be deeply affected from witnessing domestic violence. So if you would like a private chat with someone that will be sympathetic about your situation, and can give you advice about what actions you can take, then arrange a free consultation with us. You will not be committing yourself to anything but will be better informed.
If you have experienced such abuse call us today on 07594461181 0r 01286 269226 so we can advise you what can be done to stop such behaviour.
There are two types of court orders that we can assist you to apply for that should help your situation, these are;
A non-molestation Order
This is a civil injunction (not criminal) that aims to stop someone from using or threatening violence against another person with whom they have or have had a relationship. This can include an intimate relationship, where family members, live together, have a child together, etc.), or intimidating, harassing or pestering the person.
The order may state that the person is not allowed to make contact with the other party or come within a certain distance of them.
Breaching this order is a criminal offence.
An Occupation Order
A type of civil injunction that regulates who can live in the family home.
The order can temporarily remove the abuser’s right to live in the home and can also restrict them from entering the area surrounding the home.
A power of arrest attached to the order in case the order is breached.
You can apply for an occupation order if you are married or cohabiting with your abuser. Other ‘associated persons’ can also apply in specified circumstances.