If you find yourself the victim of domestic abuse, it is crucial to obtain legal advice in order to protect your position. At RLE Law we are there to guide you through the process, explain the various options open to you in order to make the best future for you and for your children.
On the flip side if you find yourself in a situation where Domestic Abuse is being alleged against you, it is also key to seek legal advice from a family law Solicitor as to how the allegations may impact you, including how such allegations may impact upon your ability to spend time with any children within the family.
What we will need to know
To get a thorough understanding of your circumstances, we will ask you for a variety of information. This could include:
- Details of the history of your relationship
- Whether the Police and Social Services have been involved and whether they have taken any action
- The names and ages of any children who are part of the family and where they are now living
- Details of any ongoing problems, such as substance abuse, mental health issues or physical illnesses
- Whether you have previously spoken to a solicitor about your problems and whether any action has been taken
- If you are in refuge accommodation, why you had to leave your home
- Your income and asset details
This information will help us work out what options are best for you and what options you have for funding your case.
Injunctions
There are two types of injunction available to you under Family Law if you have experienced domestic violence – Non-Molestation Orders and Occupation Orders. If a case is sufficiently serious and urgent, then we may be able to apply urgently for one or both of these types of orders, without the other person being given notice of the application being made.
We also regularly represent Respondents in such applications when an ex-partner or family member has brought an application for a Non-Molestation or Occupation Order against them.
In some cases, both parties even make cross applications for such orders and we also have experience in representing parties in these types of cases.
Non Molestation Orders
A Non-molestation Order will prevent a person from perpetrating violence, threatening, harassing, intimidating or pestering you or instructing or encouraging another person to do so.
Various categories of people can apply for a Non-molestation Order:-
- Spouses or ex-spouses
- Civil partners or ex-civil partners
- Cohabitees or ex-cohabitees
- People living in the same household
- Relatives
- People who have agreed to marry or form of a civil partnership
- People who have had an intimate personal relationship of significant duration
- People who are parties to the same family proceedings
Sometimes these orders can be made for an indefinite period of time or sometimes for a defined period.
Occupation Orders
An Occupation Order is an order which excludes a person from a property or a defined area around it, even if they have the legal right to live there. In order to obtain one of these orders, you will have to show that either you or your children have suffered as the result of another person’s behaviour.
You do not have to own the property that you live in or even be the tenant in order to apply for an Occupation Order. The property even could be owned or rented in your partner’s name. You can even apply for an order against your ex-partner but the Court will take into account the length of time since you ended your relationship. Occupation Orders are not intended to be permanent but will be made for a defined period of time. The Court can also make orders giving you use of the contents of the home or making the other party pay for the repair and maintenance of the property or even the mortgage or rent on the property.
Initial letter
In some cases it is appropriate to start off by sending a warning letter to your former partner indicating that their behaviour is unacceptable and that if there is a repetition of the behaviour, then further action will be taken. Sometimes this is enough to stop the matter from escalating, but if it is not, then a court application may be necessary.
Funding for injunctions
We are contracted with the Legal Aid Agency. For clients whom wish to seek legal advice regarding obtaining an injunction or sending a warning letter, then legal aid may be available, subject to status.