While supporting you every step of the way, our family department will provide you with the confidential legal advice you need to help obtain the right orders to ensure your safety and security.
Domestic abuse is an incident or pattern of abusive behaviour. Abusive behaviour is not limited to physical abuse and can include emotional abuse, financial abuse, online abuse, harassment and coercive control (intimidating, degrading and controlling behaviour).
If you are sharing a home with someone who is subjecting you to domestic abuse then there are options to provide some protection. There are two types of injunctive orders that could be applied for, which are as follows:-
Non-Molestation Order
A non-molestation order is an order that prohibits a person from using or threatening violence, contacting someone directly or indirectly, harassing, pestering or instructing or encouraging a third party to do any of these things. It can also prohibit a person from attending at a specific property or within a certain radius of that property. If a person breaches this order (breaks any of the terms of it) then the police have the power to arrest the person in breach, as it is a criminal offence to do so.
Occupation Order
An occupation order is an order which can order a person to leave a property and not return. Alternatively, it can regulate how the property is to be used i.e. how the parties involved are to live in it, for example one person is to live upstairs and the other downstairs. This may be an interim position whilst other matters are being dealt with, for example if the parties are going through a divorce and deciding how to divide the marital assets. When the court looks at whether this order should be made, a balance of harm test will be applied. Essentially, this involves the court deciding whether there would be more harm to the parties involved in the event an order were made, as opposed to no order being made. Factors such as whether the person potentially being asked to leave has somewhere else to stay and income to support themselves.
Both of the above are draconian orders and therefore the court will give careful consideration as to whether an order should be made or not. When applying for either order an application form would need to be submitted along with a detailed statement in support, setting out why the order is being applied for.
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Our family department at KJ Cox Solicitors would be happy to talk through your options. We offer an initial FREE 30 minute telephone consultation. If you would like to arrange an appointment please telephone us on 01420 550543 or email us on info@kjcoxsolicitors.co.uk.
Additional Support Services
| Nation | Helpline | Contact |
|---|---|---|
| England | Refuge’s National Domestic Abuse Helpline | 0808 2000 247 Online live chat Web form |
| Northern Ireland | Domestic and Sexual Abuse Helpline | 0808 802 1414 Online live chat help@dsahelpline.org |
| Scotland | Domestic Abuse and Forced Marriage Helpline | 0800 027 1234 Online live chat helpline@sdafmh.org.uk |
| Wales | Live Fear Free | 0808 80 10 800 Online live chat Text info@livefearfreehelpline.wales |
| UK-wide | The Men’s Advice Line run by Respect is a confidential helpline specifically for male victims. | 0808 801 0327 info@mensadviceline.org.uk |
Bright Sky is a mobile app and website for anyone experiencing domestic abuse, or who is worried about someone else.
The app can be downloaded for free from the app sores. Only download the app if it is safe fo you to do so and if you are sure that your phone isn’te being monitored.
Women's Aid local support services directory
Women’s Aid have a directory of domestic abuse support services across the UK.
If you are experiencing domestic abuse or are worried about friends or family, you can access the Women’s Aid live chat service 7 days a week, 10am to 6pm.
Victim Support
Victim Support run these services for victims and survivors of any abuse or crime, regardless of when it occurred or if the crime was reported to the police:
- free, independent and confidential 24/7 Supportline 08081689111
- live chat service
- My Support Space – free online resource
If you are in immediate danger, please call 999 and ask for the police.
