Domestic Violence Legal Protection Guide

Here at Hodge Halsall Solicitors we are very experienced in representing those who are victims of domestic abuse.  We understand the distress and upset caused to those who have experienced domestic abuse and will help you through the legal process in a sensitive manner at all times. 

The legal definition of domestic violence is not limited to physical violence, it may include any threatening behaviour or emotional/psychological abuse as well as sexual and financial abuse.  Domestic violence affects people regardless of their gender, background or sexuality.  

We can act on your behalf in obtaining an Occupation Order and/or Non-Molestation Order to protect you from any ongoing abuse or in responding to such an application where you need a solicitor.  

An Occupation Order is a Court Order which regulates who is entitled to live in a property.  We would pursue such an application to the Court on your behalf if your case would support the exclusion of an ex-partner from your family home.   

A Non-Molestation Order would forbid your ex-partner from behaving in a particular way towards you.

You do not have to be married or in a civil partnership to obtain either of the above Injunctions.  Possible applicants for an occupation order in relation to a home include all of the following:

  1. A person who is entitled to apply because they have a legal interest in the property concerned; or
  1. A person who does not have a legal interest in property but the other person does and both parties are married or in a Civil Partnership or previously married or in a Civil Partnership; or the parties are cohabiting or previously cohabiting. 

Applicants for a non-molestation order against another person include cases where:

  1. The parties are married or in a civil partnership or previously married or in a civil partnership; or
  1. The parties are cohabiting or previously cohabiting; or
  1. The parties are engaged to marry or enter into a Civil Partnership; or
  1. The parties are living or have lived in the same home, provided they are not the other’s employee, tenant, lodger or boarder; or
  1. Relatives; or
  1. The parties have an intimate relationship of significant duration; or
  1. The parties have a child together; or
  1.  The parties are both involved in other Family Proceedings.

We would discuss the merits of your case with you at the outset and ensure you are provided with clear advice and costs information.  We would offer you a bespoke service at an agreed hourly rate and would agree with you a service which best suits your needs.

In addition to being able to represent you in relation to Injunction Proceedings, we can also advise you should you be a victim of harassment, which is legally defined as alarming or distressing conduct on at least 2 occasions.  Similarly, if you have experienced controlling or coercive behaviour, we can advise you and signpost you to the best support services in the area, to include counselling and therapy support, as necessary.

For more information about anything mentioned or how to move forward with assistance, please contact our Family Law Solicitors, who will explain the next steps.

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