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Domestic Violence Solicitors

Expert help and guidance on applying for injunctions to protect you

Expertise in non-molestation orders and occupation orders
Help for those not eligible for Legal Aid
Putting your safety first

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01782 205000

0161 929 8494

Domestic Violence Solicitors

It is not uncommon for domestic violence to be a feature of relationships that break down. It may take the form of violent, threatening, coercive or controlling behaviour and it can include physical, sexual, emotional or financial abuse.

It can be doubly difficult for victims of domestic violence to navigate divorce and separation, which is why it is important to seek help from experienced domestic violence solicitors. Our understanding and experienced lawyers can guide you through the different courses of action that may be appropriate to ensure the safety of both you and your children.

Please note, you may be eligible for Legal Aid if you have been the victim of domestic violence and you can’t afford to pay legal costs. Beswicks Legal does not carry out Legal Aid work, but you will be able to identify a Legal Aid solicitor by visiting The Law Society’s website.

If you are in immediate danger, please call 999 and report any incidents to the police.

Alternatively, you may have had allegations made against you and require representation in injunction proceedings. We can provide advice and representation in these circumstances, advising you of all the options available to you.

Meet Our Domestic Violence Solicitors

Our experienced team can assist with domestic violence injunction proceedings if you are not entitled to Legal Aid.

If you would like to find out more or talk to us about whether we might be able to assist, please get in touch.

Speak to an expert:

01782 205000

0161 929 8494

enquiry@beswicks.com

Sarah Jones Family Partner / Head of Family Law

Daniel Rushton Family Law Partner

Lauren Jodrell Family Law Senior Associate

Sarah Abbotts Family Law Associate

How Does The Law Protect Domestic Violence Victims?

If you are suffering from violence, threats or intimidation, our domestic violence solicitors can explore various options with you and, where necessary, apply to the family courts for an injunction to help protect you. If you have had allegations made against you, and the other party has made an application to court, we can advise on the best way forward in your circumstances and represent you in court.

There are two types of injunction:

Non-molestation order - A non-molestation order prohibits your partner or spouse from using or threatening violence against you or your children, or intimidating, harassing or pestering you. It can contain very specific provisions depending on the particular type of harassment happening to you or being alleged.
Occupation order - An occupation order sets out who can live in the family home (or certain parts of it) and can also restrict someone from entering the area surrounding a home. An occupation order does not affect each person’s financial interest in the home, simply who can live in it, although the court can in some circumstances make decisions about who pays the mortgage or rent, for instance.

When considering the suitability of either a non-molestation order or an occupation order, it is possible instead to offer undertakings, which are binding promises to the court, instead of having the court make an order. The difference is that while breach of an undertaking is contempt of court, which can be punished by a fine or imprisonment, it is not a criminal offence and no power of arrest can be attached. This means that any alleged breach of an undertaking would need to be dealt with by a further hearing.

Our domestic violence solicitors can assess your situation and advise on the best course of action to protect you and your children.

How To Prepare For Serving A Domestic Violence Injunction

In the case of a non-molestation order, the person applying to court for the injunction must complete a form and a witness statement setting out in detail what has taken place. Domestic violence injunctions solicitors can help you to draft this statement.

Usually the other person is told if a court application is made against them and they will prepare a witness statement in response to yours. However, this won’t be necessary if your safety or the safety of any children is at risk by putting the other person on notice of your application. An application on this basis can be made ‘without notice’ to the other party and the court can decide if any order is necessary in the first instance, without the other party present. Another hearing usually follows shortly thereafter to give the other party the opportunity to respond.

When the court receives your application, it will fix a hearing to decide what should happen. Any non-molestation order the court makes will contain a list of things that the respondent is prohibited from doing. The order can last either for a specified period of time, for example six or 12 months or indefinitely. although this is rare. Breach of a non-molestation order is a criminal offence and the police can arrest someone who disobeys an order.

To apply for an occupation order you must complete a court form and provide a witness statement setting out in detail the reasons why you are seeking the order. Usually, the papers will be sent to the respondent, who has a chance to reply by preparing his or her own witness statement. The court will list a date and time for a hearing to decide what should happen.

The court applies different tests to make its decision. The court does not grant these types of orders lightly and it can be quite a complex process, so you will need help from a domestic violence injunctions solicitor. The order that the court makes will say who can live in the home and who is excluded from it. It can also impose obligations relating to the repair and maintenance of the home, or to payment of the rent or mortgage. The length of time for which the order will last depends on your particular circumstances and is usually six or 12 months, but may be renewable.

How Beswicks Legal Can Help With Domestic Violence Claims

If you are the victim of domestic abuse and are not entitled to Legal Aid, our domestic violence solicitors can help.

The safety of our clients is paramount. Our domestic abuse solicitors are here to protect you. They have extensive experience of complex cases and can support you through the process of applying to the court for an injunction or responding to an injunction where necessary.

To arrange an appointment with a member of our family team, get in touch today.

speak to an expert:

Book An Appointment

01782 205000

0161 929 8494

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