Domestic Violence Injunctions

Sadly, domestic violence and abuse affects many people on a daily basis. The short and long term effects of domestic abuse are far reaching and can have a devastating impact on all of the family.

The highly experienced team of domestic violence solicitors at Shepherd Harris & Co solicitors in Enfield are experts in the sensitive handling of all types of domestic abuse cases.

How domestic violence injunctions can help…

If you have suffered domestic abuse, violence or harassment we can help. Our solicitors are experts in dealing with many types of abuse cases.

We understand the urgency of situations where domestic violence injunctions may be required and have a rota scheme in place to ensure that one of our family and domestic violence solicitors is always available to deal with emergency cases and requests for domestic violence injunctions.

Domestic abuse includes any behaviour which:

  • Is meant to hurt or frighten you.
  • Ranges from physical violence to threatening words or acts - harassment includes pestering with phone calls or damage to your property.

Applications for domestic abuse injunctions are made to the court so that the abuser is prohibited from continuing the abusive behaviour. In simple terms, domestic violence injunctions provide protection from the perpetrator of the domestic abuse.

Types of domestic violence injunctions…

An injunction is a court order which requires someone to do or not to do something. In very urgent cases domestic violence solicitors can make applications to the court quickly and without the other party knowing beforehand.

The most common type of domestic violence injunctions / court orders are:

  • Non-molestation orders - these types of domestic violence injunctions prevent the abuser from 'molesting' you or your children. 'Molesting' means harassing, pestering or intimidating and includes assault. Assault can mean acts of violence such as punching, pushing, slapping, throwing objects, spitting at you, etc. A non-molestation order also extend so far as to prevent the other party from instructing someone else to harass you on their behalf.
  • Occupation orders – these types of domestic violence injunctions regulate the occupation of the family home and can also restrict the abuser from coming within a certain distance of the home. An occupation order can:

-   Allow you to remain in the home if the other party is trying to force you out.

-   Allow you back into the home if the other party has already thrown you out.

-   Remove the other party from the home and prevent them from returning.

-   State that you and the other party must live in separate parts of the home.

-   Restrict the other party from entering the surrounding area.

What happens if my abuser breaks any domestic violence injunctions..?

A change in the law means that any breach of a non-molestation order is a criminal offence. If your abuser breaches the non-molestation order, the police will arrest him or her and pursue the breach through the criminal courts. Sometimes the court can attach power of arrest to an occupation order as well. Should the police fail to act or your abuser breaks an occupation order without a power of arrest then you have the right to bring the case back to court and ask for the abuser to be punished for the breach. The team of domestic violence solicitors at Shepherd Harris & Co can assist you to do this and have vast experience in these matters. The judge can punish someone in a number of ways including by fines or imprisonment.

Paying for domestic violence injunctions and legal advice…

If you are on a low income or are receiving state benefits you may be entitled to receive public funding (legal aid). Our domestic violence solicitors can assess your eligibility during your appointment. Legal aid has changed significantly and has been removed for many legal cases but it is still available for Family Law legal cases that involve child abduction, forced marriages or domestic violence.

If you are unsure or would like further clarification or wish to an arrange for a no-obligation discussion as to your entitlement to legal aid please do not hesitate to contact one of our extremely helpful and understanding family solicitor Tazeen Khaliq or telephone 020 8363 8341.

Domestic abuse helpline numbers and websites…

Shepherd Harris & Co solicitors in Enfield understand that abusive situations are very traumatic and that the additional assistance of supportive agencies can be a lifeline. Therefore we have compiled a small selection of organisations below that offer a domestic abuse helpline function.

Shepherd Harris & Co does not endorse or recommend these organisations and the list is not exhaustive. These domestic abuse helpline numbers are simply provided for your information only. By using them, or any associated websites and services offered by the domestic abuse helpline numbers, you acknowledge that you are doing so at your own liability:

  • 24 Hour National Domestic Violence: Helpline freephone 0808 2000 247 (run in partnership between Women’s Aid and Refuge
  • The Men's Advice Line for male victims of domestic abuse: freephone 0808 801 0327
  • National Helpline for lesbian, gay, bisexual and trans people experiencing domestic violence: 0300 999

Next steps…

For further clarification of your entitlement to legal aid and to arrange an appointment with one of our understanding family and domestic violence solicitors please contact Tazeen Khaliq on 020 8363 8341. We are here to discuss your specific circumstances in an empathetic and professional way, and will advise you of your best course of action relating to domestic abuse injunctions and associated legal courses of action.

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