The Law provides many powerful and effective solutions against domestic violence. At Lovell Chohan Solicitors we can help victims find the right level of protection and can normally obtain a court order within 24 - 48 hours. We have Law Society accredited Family Law, Family Law advanced and specialist accredited Resolution solicitors specialising in domestic abuse, who are able to advise and assist you.
We operate a 24 hour
Domestic Violence Help Line:
0844 216 0000
Where there is violence or harassment a person can apply for an injunction against:
- someone they are or have been married to
- a cohabitant or former cohabitant
- those living in or who have lived in the same household (other than as the other person's employee, tenant, lodger or boarder)
- the parent of their child
- someone they are or have been engaged to.
There are two types of injunction:
- a non molestation injunction, which prohibits someone from using violence against another person, threatening them with violence or harassing, pestering or molesting them
- an occupation order which excludes one party from occupying a home or from coming within a stated radius of it.
The court may attach a power of arrest to an order so that if it is breached the police can arrest the other party.
An application is made on a prescribed form supported by a sworn statement setting out the background. In urgent cases the application may be heard without the other party receiving notice. If this is the case the court will usually make a short term order to secure the position and list the matter for a further hearing which both parties are required to attend. The matter can be resolved by a court order or by the respondent (the person being complained of) giving an undertaking, i.e. a solemn promise to the court, to behave in a certain way and not commit the acts complained about.
In all cases, when deciding whether to make an occupation order, the court must have regard to all the circumstances of the case. These may include:
- the housing needs and resources of the parties and any relevant children
- the financial resources of the parties
- the likely effect of an order or decision not to make an order on the health, safety or wellbeing of the parties and any relevant children
- the conduct of the parties in relation to each other
For each sub-category of applicants and respondents listed above there are then other factors which the court must additionally take into account. It must apply a 'balance of harm' test, the basis of which differs slightly between the various categories.
The court may also, on or after making an occupation order, impose obligations on either party regarding the repair and maintenance of the property and payment of rent, mortgage or other outgoings, although some of these obligations may not be enforceble.
In deciding whether to exercise its powers to make a non molestation order the court must have regard to all the circumstances including the need to secure the health, safety and wellbeing of the applicant or any relevant children.
Examples of domestic violence and abuse
- Threats and intimidation.
- Mental and emotional abuse.
- Physical and sexual abuse.
- Financial abuse.
- Using and abusing children.
If you are a victim of domestic violence and abuse call us to find out what steps we can take to stamp out such behaviour. Your situation may never improve on its own. Our solicitors are ready to help and advise you in complete confidence together with a sympathetic and informal approach.