Domestic Abuse Solicitors

This is an Order made by a Family Court. It protects someone who has suffered, or is at risk of suffering from domestic abuse, by putting important protections in place. A non-molestation order is an injunction which can be sought in an emergency. It makes it an offence for your abuser to use or threaten violence against you, and to do other things such as communicate with you, or encourage others to.

There are specific legal requirements which need to be met before a non-molestation order will be granted. Talk to us about whether it would be appropriate for you.

A Family Court can make an Occupation Order to protect a person who has suffered, or is at risk of suffering from domestic abuse. It is an injunction, but it specifically deals with the rights to occupy a property which is, or has been, lived in by both people.

The Court has wide powers. The most common Order is that the person suffering, or at risk of suffering the abuse, is allowed to remain in the property and the abuser is ordered to leave. Get legal advice on whether or not this would be an appropriate Order to apply for on an emergency or a non-emergency basis.

The Court can offer important protections in cases of domestic abuse, but it isn’t always the first port of call. In fact sometimes, court action can make matters worse by inflaming a situation.

Sometimes a “warning letter” is the best option. This is a letter written by a solicitor to the abuser. It explains very clearly that the abuse is unacceptable and that, if repeated, formal action will be taken through the Police or the Family Courts.

This sort of warning can be very effective. If the abuse happens again, the letter is useful evidence; it often makes it more likely that the court will grant an injunction, or that the Police will take formal action.

Although there have been dramatic cuts in legal funding for family work, it’s still available in some circumstances. People who have been assessed as suffering or at risk of suffering domestic abuse, or parents of children who have been similarly assessed, may be entitled to legal funding. You will need to satisfy a means test which looks at the amount of money you earn and spend.

If you qualify then your legal advice and representation will be either completely free or you may have to repay it but at a significantly reduced rate. We will be able to help you work out your best funding option.

It is possible to apply for legal aid for domestic abuse cases if you are not in a financial position to pay for the costs. You will need to satisfy a means test which looks at the amount of money you earn and spend, and provide evidence of the reported abuse and give this to your legal aid solicitor or CLA adviser (such as a letter from the police, the courts, social services etc).

Yes – there are two different types of claims you can pursue – Civil and Criminal Injuries Compensation Authority (CICA). A civil claim is against your abuser personally, whereas a CICA claim is set up to provide compensation linked to domestic violence and abuse. It is worth noting that there are qualifying criteria that need to be met in order to claim through the CICA, but we can discuss this in more detail with you if you would like to proceed.

Witnessing or being a part of domestic abuse can affect the family in a variety of ways. One example is children involved in or observing abuse of a parent or sibling can deem it as normal behaviour and carry it forward into their adult lives. Another example is around personal behaviour and coping mechanisms. A child may go on to have a variety of behavioural problems or develop a range of mental health complications.

Domestic abuse is a criminal offence, carrying a maximum imprisonment term of five years, and/or an unlimited fine.

The Domestic Abuse Act 2021 was developed to provide victims of abuse with additional support, and to strengthen the response from the police and local authorities. It includes (but is not limited to) a clear definition of domestic abuse, alongside powers for dealing with domestic abuse, local authority support, protection for victims and witnesses and offences involving abusive or violent behaviour.

First and foremost, it’s important to let them know you are there should they wish to talk to you about it. If you feel this person is in immediate danger, you can attempt to encourage them to call the police, or if you feel it’s necessary, call the police on their behalf.

There are a multitude of reasons why domestic abuse is often not reported. Some of the key reasons are usually linked to worries about retaliation from the abuser or other consequences. Reasons can also be linked to children, such as fear of losing contact, alternatively a lack of trust or confidence in the local authorities.

It is estimated that around 2.1 million people aged 16 or over suffered from domestic abuse between March 2022 and March 2023 (latest ONS report statistics). Of this number, 889,918 (41.8%) were reported to the police.

It can be difficult for charges to be dropped by the victim once investigation into a domestic abuse case begins. Victims can make a request to their legal team to review, however the case will often advance to trial stage without any further statements from the victim.

Recorded incidents of domestic abuse can support your case in the family court. However, it is recommended you consult with a legal professional before doing so as safety is a prime concern and legal guidelines need to be adhered to.