Divorce & Separation

Domestic Violence, Abuse and Harassment

If you or your children have suffered domestic abuse, violence or harassment at the hands of your partner, Graysons solicitors can help. Our solicitors are experts in dealing with many types of abuse cases involving married couples, cohabitants and ex-partners.

Domestic abuse includes any behaviour which is meant to hurt or frighten you. It can range from physical violence to threatening words or acts. Harassment includes things such as pestering with phone calls or damage to your property.

A number of legal remedies are available which are aimed at protecting you from your abuser and ensuring your health, safety and wellbeing.

Injunctions

An injunction is a court order which requires someone to do or not to do something. The most common court orders are:

• Non-molestation order – this type of injunction is aimed at preventing your partner or ex-partner from ‘molesting’ you or your children. Molesting means harassing, pestering or intimidating and includes assault. Assault can mean acts of violence such as punching, pushing, slapping, throwing objects, spitting at you, etc. A non-molestation order can also stop your partner from getting someone else to harass you.

• Occupation order – this regulates who can live in the family home and can also restrict your abuser from coming within a certain distance of the home. An occupation order can:
• Allow you to remain in the home if your partner is trying to get you out.
• Allow you back into the home if your partner has already thrown you out.
• Remove your partner from the home.
• State that you and your partner must live in separate parts of the home.
• Restrict your partner from entering the surrounding area.

What happens if my abuser breaks the court order?

If your abuser ignores or breaks the court order you have the right to bring the case back to court and ask for them to be punished. The judge can punish someone in a number of ways including fines or imprisonment. Imprisonment may range from a few days to months depending on the circumstances.

Power of arrest

If your abuser has used or threatened violence, and the court accepts this, then it can attach a power of arrest to an injunction. This makes the injunction stronger as it means that the police can arrest the abuser if they break the order. The difference in these circumstances is that the police would take them back to court, rather than you having to do it yourself. Under recent changes breach of an injunction could now be a criminal offence.

Paying for legal action

If you are on a low income or are receiving state benefits you may be entitled to receive public funding (legal aid). When you are assessed for public funding the income of your partner does not count if you are taking legal action against them. We can assess during your appointment and tell you whether you are entitled to receive this.

Contact us for more information or to arrange a consultation with a solicitor.