I Have Experienced Domestic Abuse, What Protection is Available to Me?

Domestic Abuse remains one of the most urgent issues facing families today. As family law solicitors, we regularly support clients who feel frightened, isolated, or unsure where to turn. The law in England and Wales provides a range of protective measures designed to safeguard victims and their children. Here are two Court Orders that we can assist you with obtaining:

Non-Molestation Orders:

One of the most common forms of legal protection is a Non-Molestation Order. A Non-Molestation Order is designed to prevent an abuser from:

• Using or threatening violence;
• Harassing, pestering, or intimidating the victim;
• Contacting the victim directly or indirectly;
• Encouraging others to harass or intimidate the victim.

These orders can be obtained urgently, sometimes without notifying the abuser first (known as a “without notice” application), where there is immediate risk of harm.

Breaching a Non-Molestation Order is a criminal offence, punishable by arrest, fines or imprisonment. This gives victims a strong layer of legal protection.

Often, this is necessary if a client has tried all forms of self-protection first, i.e. blocking the perpetrator from contacting them or reporting incidents to the police.

Occupation Orders:

An Occupation Order regulates who can live in the family home.

This type of order can:

• Exclude the abuser from the home;
• Define who occupies certain parts of the property;
• Prevent the abuser from coming within a specified distance of the home.

Occupation Orders are particularly important where victims feel unsafe remaining in the same property but cannot easily relocate, especially where children are involved.

The court will consider several factors, including housing needs, financial resources, the welfare of any children, and the risk of harm to the applicant.

Funding

Legal aid remains available for all victims of domestic abuse. Speak to a member of our specialist team to explore your eligibility for funding.  

Support

In addition to legal remedies, there are specialist support organisations who can assist.

These organisations provide confidential advice, emergency accommodation, safety planning and emotional support. We work with many Domestic Abuse organisations and may be able to refer you for the most appropriate support and guidance.

Our specialist team are on hand to assist you wherever possible in navigating this difficult and worrying time. Please contact us should you wish to explore your options for protection from Domestic Abuse.