Injuctions 3C

Domestic violence

Have you been a victim of domestic abuse? Are you concerned for yours or your family’s safety? If so, you can speak confidentially to our specialist legal team who can put procedures into place to ensure that you are protected.

You may not even realise that you have been a victim of domestic abuse.

The Government defines domestic abuse as:

“Any incident or pattern of incidents of controlling, coercive or 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. This can include, but is not limited to, the following types of abuse:

  • Psychological
  • Physical
  • Sexual
  • Financial
  • Emotional”

If you fear for your safety you must call the Police. If your abuser is arrested then bail conditions put on them could offer you protection, or a Domestic Violence Protection Order may be put in place to do the same thing. Alternatively, you can obtain an injunction against your abuser.

Injunctions

Under the Family Law Act 1996 the courts can issue two types of injunction to protect you:

Non-Molestation Orders
This order prevents the abuser from molesting you or your child. Molestation covers violence, harassment and threatening behaviour. Depending on your circumstances this can limit how close your abuser can come to you and your property and whether they’re allowed to contact you in any way.

Occupation Orders
This order can give you the right to occupy your home and exclude the abuser. The order can also deal with who has to pay the rent or mortgage on the property. To do this you must have the right to occupy the property. This isn’t simply a case of whether or not you’re a joint owner/tenant, but our specialist lawyers have all the information to help you.

We can advise you on whether your case is suitable to apply for an injunction. If you are unable to obtain an injunction under the Family Law Act then you may be able to pursue a civil injunction and we’ll refer you to our colleagues who deal with this.

Our family law team is experienced and sympathetic, we can make an emergency application to court if we need to act quickly to keep you safe.

The following websites can offer more information and advice on domestic abuse:

Please get in touch with our team today so we can help protect you. It is important that you act quickly if you feel your safety is at risk.

Contact our Family Law specialists

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