If you are a victim of domestic abuse, the most important thing is to make sure that you are protected from further harm. Once you begin to take those first steps towards making a change in your life, it can be more frightening than ever. You know the situation could become more contentious.
Furthermore, if you have children who are involved and living in the same house as you and the abuser, it becomes more important than ever for the welfare of the children that this violence stops.
Whilst calling the police is most people’s first instinctive reaction, and rightly so, most of the time the police can only provide temporary measures unless the violence becomes serious. In order for police to be able to take every situation as seriously as they would like, potentially reoccurrences need to happen so that they are able to react accordingly.
In order for you to have the protection that you need that lasts more than the visitation of a police member, you will require an injunction against the person or people who are responsible for the violence. A divorce solicitor in London is able to help you here.
We want to make it clear to you from the start that the violence doesn’t have to be seen by us. You do not have to experience physical abuse in order to qualify for an injunction and obtain the legal protection that you deserve. There are two different types of injunctions that you are able to obtain: a non-molestation order and an occupation order. We will go through these in more detail for you to understand which injunction would be best suited for your personal situation.
Our divorce solicitors in London urge you to contact them if this is an issue that affects you. We are a team of experienced, considerate, understanding and compassionate people who have dealt with many matters similar to yours in the past. We want you to feel secure knowing that you will be in safe hands with us.
What is a non-molestation order?
This is a form of injunction that protects the issuer from violence, abuse, harassment and threats. They may be sought out to protect an individual and their children from physical abuse. There are some stipulations that need to be adhered to in order to be able to apply for this injunction. People that may apply for this order need to be married or previously married to one another or are living with each other or were once living with each other at some point.
We can advise you as to whether your personal situation fits into these stipulations when you contact us to speak about your personal case. We understand that sometimes it is difficult to understand if your circumstances fit within the realm of acceptable alignment.
Under a non-molestation order a power of arrest can be included. This means that if the abuser breaches the terms of the non-molestation order, then that person can be arrested.
As divorce solicitors in London we are able to attend all of the court proceedings on your behalf without needing to inform the person you are serving the injunction against. We can do this at extremely short notice if requested, which is often the case once action has been taken. The order will take immediate effect and copies will then be served to the respondent and to the local police station.
This area of law is a very sensitive and serious one and as a result, we are very well versed in it in order to ensure that we can provide you with a positive outcome. We understand that you are completely relying on us to be able to provide you with the support that you need and that you are fearful of the consequences should we not succeed.
Get in contact with us now so you can speak in confidence about the issue with one of our advisors and we can offer you honest and clear information about where we feel your rights are legally and what we can do for you.
What is an occupation order?
An occupation order is a form of injunction that is able to specify who is able to visit and live in your family home. If you feel your child is at risk of harassment, physical or verbal, or you yourself feel intimidated in any way by a partner, you can ensure that they are unable to enter the area surrounding your home.
These orders can be extended to prevent the person you are trying to avoid from being within a specified area, such as the area around your home so that you can feel safe and secure in your neighbourhood. Perhaps there is a playground at the end of your street that you and your children frequent, we can work to ensure that not only your home, but the entire street is legally inaccessible to them so that you can raise your children without fear.
Such an order is only granted if there is deemed to be a risk of violence to you or any child that is in your care if the person who you are filing the injunction against is left to remain in the same household as you.
You are even able to make this injunction against a person who has no right to reside in the home of your choosing. It simply means that they are legally not able to be in the area and if they find themselves there, you are able to immediately call the police to forcibly remove them for your safety.
An occupation order usually lasts for a specific period such as a month, several months or up to a year depending on the situation. We believe that given time, heated emotions tend to cool off and drastic measures can be quietly and slowly lessened until amicable separation can be achieved.