Domestic Violence Solicitors
Knowing your rights regarding protecting yourself and your family from a violent partner can mean the difference between you being able to leave an abusive relationship and potentially leaving yourself vulnerable. Domestic violence solicitors are family lawyers who specialise in helping anyone who is a victim of domestic violence including partners, children, and parents.
Domestic Violence and Family Law in England & Wales
Domestic violence does not only define physical assault on a spouse. It can be directed towards anyone in the household, including children and parents, and can include:
- Threats towards that person or their loved ones
- Emotional and physical intimidation through coercive behaviour
- Controlling aspects such as finances and social interactions
- Sexual assault
- Destructive criticism, for example, frequent name-calling, belittling and undermining a person’s confidence with the view of weakening them
Our specialist family law firms can help you escape domestic violence by giving you legal advice and helping you obtain a Non-Molestation Order and an Occupation Order.
A Non-Molestation Order is a legal instruction to stop a person pestering, harassing, intimidating you and any children you have physically or verbally, and from being violent or threatening. This can include everything from physical assault to nasty phone calls and texts. Before issuing a Non-Molestation order, the court will consider the evidence of violence and harassment, as well as the safety and wellbeing of you and any relevant children.
Breaching a Non-Molestation Order is a criminal offence and punished by a fine, sentence of imprisonment, or both.
An Occupation Order defines who can live in the home and can also include who is allowed to access the surrounding area. You can apply for an Occupation Order even if you jointly rent or own the property. Occupation Orders can also be issued to allow the application to enter and leave the property. For example, if a partner has left the family home but wants to return to collect clothing and belongings, the other partner could not prevent them from entering by barring the door or stop them from leaving.
The court will examine the evidence to support the claim as well as assess the level of the threat posed to the safety of the applicant and any relevant children if the order is not granted. This assessment is done under Section 33(7) of the Family Law Act which states that they must grant the order unless they believe doing so will put the applicant and children at further risk.
Support for Domestic Violence
Legal Aid is available for domestic violence victims with children who want to apply for a Child Arrangements Order, Specific Issue Order, or Prohibited Steps Order. It is means tested, and you will need to provide evidence that you have either suffered or are at risk of domestic violence. Your family solicitor will be able to explain the options available to you and how to apply for them.
Non-Molestation and Occupation Orders can be issued in an emergency when a judge believes the applicant and any children are at risk of immediate harm. Orders can be issued either with or without notifying the abuser. Cases take place in a closed court with only the applicant, respondent, and their legal representatives being present, to protect both parties’ privacy.
Talk to a specialist domestic violence solicitor to find out more about how you can protect yourself and your family.
Why work with us?
We will explain the process clearly and keep you informed about what is happening at each stage.
Transparent with costs
We offer a cost effective solution that's tailored to your situation; and we will provide clear information about the costs.
Direct lawyer contact
You will be assigned to an expert solicitor who will give you the best advice and compassion at this sensitive time.
Expert family law solicitors working for you
At The Family Law Experts, we work with specialist solicitors in all aspects of domestic abuse, divorce, matrimonial, family and childcare law.
We offer an expert approach at a personal level for all our legal support. When dealing with family issues and family legal problems, our aim is to deal with each case in the least confrontational way possible, whilst still achieving the best results for our clients. We understand that when family issues arise and family relationships break down, real lives are affected, and the need for expert legal help and support is essential.