Fraser Hollands are committed to helping those who have or you are at risk of suffering domestic abuse. With a highly skilled team, we strive to achieve quick and robust protection for our clients against abuse whether this is advice and assistance through preparing a warning letter or preparation and representation at Court for an Injunction.
It is important to remember that nobody should be subjected to violence, abuse or threats of harm. The term ‘abuse’ can cover a whole range of behaviour, not just physical violence but controlling behaviour, financial control, intimidation and emotional harm.
The law is there to afford you protection from harm and we have a specialist team who can help you achieve this protection. The most common applications that are made to the Court for protection within Family Law are as follows:
A Non-Molestation Order (Injunction) is an Order that prevents the offending party from causing you physical and/or emotional harm, threatening or damaging property belonging to you, harassing and/or pestering you or instructing or encouraging any other person from doing the same. If your circumstances are so serious that you are at imminent risk of harm, it may be possible to apply to the Court for an “ex-parte application”. This means the application will be made to the Court without the offending party having knowledge of the application until after it has been granted. There will then be a later hearing where the opponent can respond to the application.
If you are currently living with the offending party or he/she has rights or ownership to the family home, and he/she is abusing you then it can become very difficult to keep yourself safe. This is even more difficult when you have children living with you. Whilst there may be an opportunity to remove yourself and your children from the family home to a refuge, this is often very traumatic for you and your children. In certain circumstances, the Court can Order the offending party to leave the family home despite any legal rights to that property so that you and the children can remain in the family home with the protection of an Court Order. This type of Order is not normally made without notice and may require the making of a Non-Molestation Order first.
Provided that your circumstances meet the requirements of the Legal Aid Agency guidance (LASPO), you may be eligible to obtain Legal Aid to be represented on an application for a Non-Molestation Order.
We at Fraser Hollands are experts in this area of the law and our friendly team are always on hand to help and support you through this difficult process with compassion and sensitivity.