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Domestic abuse is a serious issue that can have devastating and lost-lasting effects on individuals and families. The Domestic Abuse Act 2021 defines ‘abusive behaviour’ as any of the following:
- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic abuse
- Psychological, emotional or other abuse
For the definition to apply, both parties must be aged 16 or over and “personally connected”. This refers to parties who:
- Are relatives
- Are married to each other
- Are civil partners of each other
- Have agreed to marry one another (whether or not the agreement has been terminated)
- Have entered into a civil partnership agreement (whether or not the agreement has been terminated)
- Are or have been in an intimate personal relationship with each other
- Have, or there has been a time when they each have had, a parental relationship in relation to the same child
What can the law do?
Some forms of domestic abuse are criminal offences that should be reported to the police first and foremost.
In addition, those subject to domestic abuse can apply for injunctions through the Family Courts to protect themselves. There are two types of injunction:
- Non-molestation order
- Occupation order
A non-molestation order prohibits someone from using or threatening violence against you or your children, or intimidating, harassing or pestering you.
An occupation order sets out who can live in the family home and can also restrict someone from entering the area surrounding a home.
If you are in immediate danger, an order can be made quickly and without the other person being aware of the application. These are known as “without notice” or “ex parte” orders. If the court grants a without notice order, it will arrange a further hearing once the other person has
been served with notice so that both parties can have their say. (If you are in immediate danger, then again – it is also important to inform the police).
In order to apply for any of the above injunctions, certain requirements must be met in terms of your relationship with the other party. We will be able to advise you whether you qualify to apply.
Why choose Wallace Robinson & Morgan?
At Wallace Robinson & Morgan, we are committed to providing compassionate assistance to help you navigate through this challenging process. We’re here to support and guide you every step of the way.
We also recognise that allegations of abuse can have serious implications for respondents. If you have been accused of domestic abuse, our experienced team will help you to respond to any non-molestation orders or occupation orders and advise you on how to protect your rights.
Here’s how our solicitors can help:
• Expert Guidance
Our experienced solicitors have detailed knowledge and understanding of the process in applying for or responding to injunction applications, meaning we can provide clear advice and ensure you feel confident and supported throughout the process.
• A Compassionate Approach
We understand how difficult it can be to seek help in these situations. Your case will be handled with the utmost sensitivity and discretion.
• Tailored Solutions
Every situation is different, and we work with you to find solutions that suit your specific needs.
Frequently Asked Questions
Find support and answers to common questions about domestic abuse. Our FAQs provide guidance on legal protection and your next steps.
To meet the requirements for these types of orders, you need to have been a victim of domestic abuse and you and the other person must be “personally connected”. We will be able to provide guidance on whether you meet the requirements to apply.
A non-molestation order prohibits someone from using or threatening violence against you or your children or intimidating or pestering you whereas an occupation order is centred around the family home. It determines who can live in the home and can also restrict someone from entering the surrounding area of the home.
A non-molestation order is typically granted for between 6-12 months. The length of an Occupation Order can vary depending on which section of law the act was made under but it is often for around 6 months. The court has some discretion to determine the lengths of these kinds of orders.
Yes. A “without notice” order can be made if you are in immediate danger. This means the other person will not be aware of the application. If the court takes this action, they will organise a further hearing so both parties can have their say after the fact.
Yes. This is done by gathering the necessary evidence and presenting it to court. The court will then make a decision on the validity of the claim. If instructed, we will be able to provide further guidance on this process.
What to do next?
Why not make an appointment to talk to one of our friendly family law solicitors – Kathryn or Kirsten – and they’ll listen and understand your situation to provide the right advice for you?
Simply call us on 0121 705 7571 to book an appointment or send us a contact form, and we will get in touch to arrange a safe & convenient time to discuss your requirements.
Kathryn Ferris
Kirsten Wagner
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