Domestic Violence Injunctions

Domestic violence can be defined as any type of physical, emotional or sexual abuse between people in a relationship such as married couples, co-habitees or family members. It can include physical assault, sexual abuse, emotional abuse, threats or intimidation.

Although each situation is different, typical examples of domestic violence include:

• My husband hit me last night.
• My ex-boyfriend has threatened to kill me.
• My ex-girlfriend telephones me at work and follows me about in the street.
• I am frightened of my husband and I want him to leave the house.
• My partner treats our children badly and they are very frightened.
• My wife says she has paid some friends to attack me.

My boyfriend has smashed up all the furniture in the house.If you are subject to domestic abuse, you may be able to obtain a non-molestation order from the court to help protect you and any children in your care.

When domestic abuse occurs there are steps that can be taken to help bring it to an end and protect somebody who is at risk.

At Sugare & Co Solicitors, we will use the law to help you and your children feel safe and secure, rather than frightened or intimidated. We ask you to tell us about your situation and will advise you about the protection you can get. We can even apply for court orders to protect you and your children. We provide sensible legal advice on the different types of orders, which are commonly known as 'injunctions'. The following orders are the most common orders made by the Court.

A Non-Molestation Order can be obtained in cases of domestic violence and is where the judge can make a power of arrest. They protect individuals and their children from violence and/or harassment.

They can include orders which prevent an abuser making contact their victim or coming within a certain distance of their property or using or threatening violence against them.

The power of arrest provides the police with the legal right to arrest anyone who disobeys the court order. The judge will often impose a prison sentence on anyone that breaks such an order.

In some cases, the court can make an order determining who can and cannot live in the family home. This is an Occupation Order. You may wish for your partner to be excluded from your property, or you may have been refused entry to your own home and wish to return.

In some circumstances the Court can order a person not occupying the property to continue to pay the rent/mortgage.

In order for an application for an occupation order to be successful, the person applying for the order will usually need to demonstrate that they, or their children, are likely to suffer significant harm if the court does not make the order.

You need to urgently speak to a solicitor about this. If you were not present for the Court hearing when the order was made then you will normally be given an opportunity to challenge the order at a future hearing. This usually takes place less than 7 days after the order was made.

The other party will normally have prepared a written statement making allegations of abuse. It is important that the responses to these allegations are carefully presented to the Court.

You may be eligible for Legal Aid if you are dependent upon your partner's income or you are on a low income. To check if you are eligible for legal aid please use the eligibility calculator  (https://checklegalaid.service.gov.uk/scope/diagnosis/ (opens new window)  ).

Should you not be eligible for legal aid we offer very competitive private paying rates. We offer a free initial consultation which many of our clients find useful to gather further information about their options, the particular issues of the case and an initial view on likely outcomes.

The solicitors at Sugare & Co Solicitors are highly experienced in dealing with domestic violence cases. We handle all cases with sensitivity and with the strictest of confidence.

We have close links with local support services, including Together Womens Project and Families Need Fathers. These connections can be invaluable at such an emotional time.