Are you a victim of Domestic Violence?
Domestic Violence and Abuse is defined as;
“any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other.”
What protection can the law offer?
An application to the Civil Court under either the Family Law Act 1996 or the Protection from Harassment Act 1997 is commonly referred to as an Injunction. There are three types of Injunctions:
- Protection from Harassment Injunction – will prohibit any harassing behavior towards you.
- Non-molestation Order – forbids a person using or threatening violence and from intimidating, harassing or pestering another person. It has a power of arrest which enables the police to arrest a person who they suspect of breaching an order.
- Occupation Order – regulates the occupation of the family home in order to protect you or your children and can exclude a person otherwise entitled to occupy a property from doing so or from coming within a certain distance of it, or from coming within a defined area.
Will you have to go to court?
It will be necessary to go to court but one of our experienced solicitors will accompany you and will be there for you every step of the way.
Most initial applications can be made ‘without notice’ to the perpetrator, if you or a child is in imminent danger of significant harm.
In some instances if you are reluctant to go to court, a warning letter could be sent to the perpetrator but this is only appropriate in certain circumstances.
Is Legal Aid available?
Most victims will be eligible for Legal Aid. However, this will also depend on your financial circumstances. For more information please refer to our Legal Aid page.
What if I don’t qualify for Legal Aid?
We offer a fixed fee rate of £599.00* (exc vat and disbursements) which includes making the initial application, preparing a statement and legal representation at the first hearing. We can represent you at any subsequent hearings for a fixed fee from £399.00 (exc vat)
Please contact us for a consultation during which you can talk to one of our experienced solicitors in complete confidence. We can provide with the support and practical guidance if you are a victim of domestic violence.