Domestic violence is a pattern of unhealthy and controlling behaviour within any relationship. The relationship can be between married partners or civil partners, including partners of the same sex. It does not have to be physical violence, but can also include emotional, psychological or sexual abuse. No violence has to take place. The mere threat of carrying out abuse is sufficient for it to amount to domestic violence.
These circumstances can lead to a separation between the partners, but equally the separation itself can provoke domestic violence within the relationship.
At Fylde Law, we are acutely aware of pain and worry you may be feeling. We can help you take practical steps to protect yourself and your loved ones. We are here to listen to your problems and provide you with advice and help in total confidence. We can advise you of the legal options available to you, allowing you to make an informed choice of what steps to take.
These steps can include applying to the court for an injunction to protect you and your family. There are two types of injunction which you can apply for, namely:
1. A Non-Molestation order
This prevents the threat or use of violence and the use of harassment or intimidation. It can also prevent any specific behaviour which you are afraid of.
2. An Occupation Order
This order can be applied for where there may be significant risk of harm to yourself or your children, or where you simply no longer feel safe in your home. The court can order that your partner or your spouse leaves the home and prevents them from returning to the home, or coming within a close distance of it.
Both of these injunctions can be applied for on an emergency basis and an order can be obtained within 24 hours.
The court can also attach a power of arrest to any order. This means that if your spouse or your partner breaks the order, then the Police can be called to arrest them and if necessary, imprison them for their breach of the order.
Fylde Law clients are also entitled to apply for Legal Aid through our membership of the Family Legal Aid scheme. Domestic Violence is one of the few remaining areas where legal aid is still available. We can advise you as to whether you might qualify and help you complete and submit your application.
Please call us on 01253 293 106 to arrange a free and confidential 30 minute consultation. Alternatively email us via the 'quick enquiry' form and we will call you back at a time to suit you.