Court orders to prevent violence and abuse in the home

8th March 2015 by

If you are suffering domestic violence, including physical and mental abuse, and this has led to the breakdown of your relationship, a family solicitor can help you obtain a civil court order, or injunction, against the person who is abusing you.

These actions can help prevent an abuser from gaining access to you, and/or your children, and may help give you the time to decide on a future course of action, such as seeking a divorce or civil-partnership dissolution.

Healys’ family lawyers in Brighton and London can help you to understand the legal implications of taking out a court order and will listen to your circumstances so that we can offer the most suitable suggestions for an ongoing course of legal action.

Injunctions against a violent partner

Under Part IV of the Family Law Act 1996, there are two main types of injunction available for vulnerable people who are at risk of abuse and violence in the home and in the wider community.

  • Non-molestation order– This type of order, when granted by the civil court, will mean that your partner, or former partner, will be prevented from being violent , and/or threatening to be violent, towards you and your children. It also aims to prevent your abuser from intimidating, pestering or harassing you so that your health, safety and well-being, and that of your children, are maintained.Legislation now states that any breach of a non-molestation order is a criminal offence and the abuser can be arrested (if you have a power of arrest attachment) or you can take the abuser back to the civil court.
  • Occupation order– This order seeks to regulate who can live in the family home. It can also exclude the abuser from entering the family home and the surrounding area. An occupation order can be used if you have been forced out of the family home as a result of violent attacks and you wish to return to a safe environment without your partner living there.

Legal advice for victims of domestic violence

Anyone who is a victim of violence knows how traumatic it can be, but to experience it in your own home at the hands of a partner or spouse is such a difficult experience to comprehend.

Here at Healys our family lawyers in Brighton and London have learned over many years of acting for victims of domestic violence that our legal expertise can best be utilised when we listen carefully and sensitively to your circumstances.

We understand the grievousness of the situation for any victim of violence and abuse in the home and believe that our legal services truly have the power to support and assist you.

To find out more about how Healys LLP could help to legally protect you from the effects of domestic violence please call our London or Brighton office today.

We are here to help.