Domestic Violence and Abuse

If you are experiencing harassment or domestic abuse or violence, you need to seek help urgently.

At Beyond Legal our specialist team of domestic abuse solicitors can give you advice about making an application to court for protection. We know these steps are often taken in very difficult circumstances, and we have helped countless clients through these stages. It is important to feel supported during this time. We are responsive in a crisis and can take immediate action.

Emergency court orders can, in some circumstances, be made without the other person being informed of your application until after the court order has been made and served on them. In such circumstances, a further court hearing will be listed quickly to allow the other party an opportunity to be heard by the court.

The main types of orders the court can grant are:

• Non-Molestation Orders – these are orders prohibiting the other person from using or threatening violence against you or a child of the family. Such orders can also prohibit the other person from intimidating, harassing and pestering you or a child of the family. In addition, these orders can also prohibit the other person from instructing or encouraging another person to take these actions.

• Occupation Orders – these orders regulate the occupation of the family home. So for example, it can prohibit the other person from coming into your bedroom. Or it can exclude the other person from the home altogether, even if he or she is the legal owner of that home.

Every case is different, but we strongly suggest you take the following steps if you find yourself in this difficult situation:

• Report any incidents to the police
• Go to your GP if you have been assaulted
• Ask a trusted friend to take photographs of any injuries
• If abusive messages are left on your telephone, then keep the messages
• Make diary notes so that you can recall the dates and incidents

These can all be important pieces of evidence if you decide to apply to court for protection.

Domestic abuse occurs across society. Government figures show that domestic abuse can be perpetrated by men or women. Indeed, more than 40% of domestic violence cases involve acts of abuse by women against men. Children can also be caught up in domestic violence.

Domestic violence is any incident of threatening behaviour, violence or abuse (be it physical or emotional) between people aged 16 or over who are or have been in a relationship together, or between family members, regardless of gender or sexuality.

Research has shown that exposure to domestic abuse can have detrimental impacts upon all areas of a child’s development and welfare. Such concerns have been recognised by policy makers, leading to the definition of Significant Harm, as defined within the Children Act 1989, being amended through the Adoption and Children Act 2002 to include “seeing or hearing the ill treatment of another”. Children exposed to domestic abuse can experience emotional and behavioural difficulties, low self-esteem, desensitisation to violence and aggression, poor academic achievement and attachment difficulties.

Although domestic violence is chronically under reported, research estimates it:

• will affect 1 in 4 women and 1 in 6 men in their lifetime
• on average, two women are killed every week by a current or former male partner
• accounts for 16% of all violent crime
• one incident of domestic violence is reported to the police every minute
• has more repeat victims than any other crime (on average there will have been 35 assaults before a victim calls the police)

The main types of orders the court can grant are:

• Non-Molestation Orders – these are orders prohibiting the other person from using or threatening violence against you or a child of the family. Such orders can also prohibit the other person from intimidating, harassing and pestering you or a child of the family. In addition, these orders can also prohibit the other person from instructing or encouraging another person to take these actions.

• Occupation Orders – these orders regulate the occupation of the family home. So for example, it can prohibit the other person from coming into your bedroom. Or it can exclude the other person from the home altogether, even if he or she is the legal owner of that home.

Every case is different, but we strongly suggest you take the following steps if you find yourself in this difficult situation:

Every case is different, but we strongly suggest you take the following steps if you find yourself in this difficult situation:

• Report any incidents to the police
• Go to your GP if you have been assaulted
• Ask a trusted friend to take photographs of any injuries
• If abusive messages are left on your telephone, then keep the messages
• Make diary notes so that you can recall the dates and incidents

These can all be important pieces of evidence if you decide to apply to court for protection.