Domestic Abuse | What legal help is available?

You don’t have to put up with domestic abuse, but leaving an abusive relationship is not easy. Often people return several times before they are able to make the final break. We understand that there are many reasons why it is difficult to leave, i.e. you are still in love, you are terrified of the consequences, you are worried about the children and the financial implications. Often it can be that your confidence is so low you just cannot face leaving.

If you feel in turmoil about leaving we do recommend that you speak to someone, this could be your GP, a friend, or a domestic abuse advisor who can help you decide whether to stay for the time being or support you in leaving.

Legal Options

If you do decide that you want to leave your relationship and are suffering domestic abuse there are a number of legal options open to you under both criminal law and civil law.

Criminal Law

If you are in danger call the police and always dial 999 if it is an emergency. The police have a duty to protect and help you. If you make a complaint to the police, they will investigate the matter and if sufficient evidence is found they will press charges. The Crown Prosecution Service will then take over. Criminal cases are heard in either the Magistrates Court or the Crown Court depending on the severity of the charge.

Civil Law

We can advise you fully on this option and help and support you through the process. The Civil Law is aimed at protecting you. You can make an application to the Court for an injunction (normally to the County Court) and if there is an immediate threat of danger, often without giving notice to the person you seek protection from.

You will need to make a sworn statement to the Court about the abuse that you have experienced. You should be as precise as possible about all the ways you have been harmed including the dates and times if you have them and the effect on you and your children.

What is an Injunction?

An injunction is an order of the Court which places restrictions on someone. There are 2 types of injunctions which can assist:

Non-Molestation Order

It can forbid someone from being violent towards you, or from threatening, pestering or harassing you.

A Non-Molestation Order can also prevent someone from going with 100 metres of your property and also prevents someone from encouraging third parties to do something that he/ she is forbidden to do by the terms of the Order.

A Non-Molestation Order is usually in place for 6 months to 1 year. If the perpetrator breaches the terms of the Non-Molestation Order, it is a criminal offence. The police must deal with it as such. If the police do not deal with the breach of the Non-Molestation Order then we can make an application to the Court to commit the perpetrator to prison.

If you are experiencing domestic abuse and the police have been unsuccessful in charging or convicting the perpetrator, we strongly advise that you seek legal advice in respect of a Non-Molestation Order.

Occupation Order

An Occupation Order can require someone to leave the home they share with you and forbid them to return, and can forbid someone from coming within a certain distance of the home.

The Court will look at the financial circumstances, behaviour and housing needs of you both and the needs of any child when making a decision.

Who can you obtain an Injunction against?

It may be possible to obtain an Injunction against the following people:

1. Your husband or wife or former husband or wife

2. Someone you have lived with as husband or wife (to include same sex relationships)

3. Anyone who lives with you (unless they or you are an employee, tenant, lodger or boarder)

4. Anyone who has lived with you (unless they or you are an employee, tenant, lodger or boarder)

5. Your relative or that person’s husband or wife

6. Your current or former boyfriend or girlfriend (if you have been engaged or in a lengthy relationship)

7. Someone you have had a child with. It is also possible to obtain an

Injunction protecting a child in certain circumstances.

How do I get an Injunction and how long does it take?

There are two types of Injunction Applications. They are “On Notice” Applications and “Without Notice” Applications:

Without Notice Application

A Without Notice Application is made where the circumstances justify an emergency application, for example where there has been a recent violent incident.

We will advise you whether your case is appropriate for an emergency application at your initial appointment. If an emergency application needs to be made, we will make the application on your behalf and represent you at the initial Court hearing. The person whom you are seeking the Injunction against is known as the Respondent. They will not be given notice of the hearing. The Court will consider at the initial hearing whether it is appropriate to make an Injunction Order. The Respondent will then need to be served with your application and the

Emergency Order, if such an order has been made. The Respondent will on occasions have the opportunity to apply to the court for the court to consider whether the Injunction Order should remain in force.

On Notice Application

An On Notice Application involves a similar process, however, once your

Application has been issued, the court will fix a hearing date and the papers will then be served on the Respondent, thereby giving them notice of your application.

The Court will then consider whether it is appropriate to make an Injunction Order after hearing evidence from both of you.

What happens if my former partner breaks the Order?

If the Respondent breaks the terms of the injunction or you are at all fearful for your safety, you should call the police immediately. The police should treat any breach like any other criminal offence so they should arrest the Respondent and take them to the Magistrates Court. If you are unhappy at any time about the enforcement process being taken or you would prefer to take them back to the County Court then it may be possible to apply for an arrest warrant. If the respondent is in contempt of Court for disobeying a Court Order the Court may fine, impost a suspended sentence or commit them to prison.

If you would like more information on the legal help available to those experiencing domestic abuse please don't hesitate to contact us on 0800 542 4245 or visit this page.