No one should have to live in fear of violence in their home or as part of their relationship.
If you need to leave an abusive relationship for the safety of you or your children, there are emergency applications which can be made to protect you physically, emotionally and financially.
Domestic abuse can come in many different forms – physical, coercive and controlling behaviour, emotional abuse, financial or sexual control and abuse. The behaviour may be directed at you or your children and can have a huge impact on the victim of the abuse and any children who are witness to abuse.
If you are in immediate physical danger, you should contact the Police on 999. If you do not feel you are in immediate danger but you have still been subject to abusive or controlling behaviour, you should still contact the Police on 111, they will put you in touch with an officer specialising in domestic abuse and criminal proceedings can be taken against the perpetrator. The Police can also seek orders excluding the perpetrator from the family home and restricting their ability to contact the victim of the abuse.
The Family Court also offers the following protective measures for victims of domestic abuse:
You can make a civil application to have the perpetrator of domestic abuse excluded from the family home (an “Occupation Order”) and / or you can seek an injunctive Order with a power of arrest attached preventing the perpetrator from using or threatening violence against you and threatening or harassing you (a “Non-Molestation Order”). Both types of Orders can be applied for on an emergency basis and without notice to the perpetrator of the abuse.
You can seek an Order to restrict the time children spend with a parent and / or to place conditions on the time children spend with a parent, such as contact having to be supervised and / or to take place in a contact centre, if there has been domestic abuse in the relationship. The primary concern of the Court is to ensure that children are safe during contact with either parent and so if there is any question of domestic abuse, the Court will want to ensure that this thoroughly investigated and that the children are not at risk of any harm during time spent with a parent.
If you are concerned that you will not be able to manage financially if your partner is excluded from the home, you may be able to make an application for interim maintenance and / or for child maintenance. The success of an application for interim maintenance will depend on your financial circumstances and those of the other party.
If you are a victim of domestic violence, you may be entitled to legal aid. If you entitled to legal aid, we will provide you with details of legal aid provider firms. If you are not eligible for legal aid, Wilson Family Law offer cost effective and practical solutions to ensure the safety and wellbeing of our clients and their children.
At Wilson Family Law we offer a completely free initial consultation to advise on any aspect of Family Law. At the appointment we will take full details of your circumstances and provide comprehensive advice as to your options together full quotation of likely cost. We will listen to what you hope to achieve and work with you to find the solution which works best for your family.
To book your free initial consultation fill out our form or you can email or call the office