If you’ve been affected by domestic abuse, you aren’t alone. Our experienced Solicitors are there to help you to take the practical steps you need to protect you and your children, if you have them.
You can access experienced legal representation, possibly with Legal Aid funding, and take action with an injunction very quickly.
Domestic abuse can happen to anyone and it’s not your fault.
You could suffer domestic abuse from a partner, a child or other family member.
Don’t suffer alone. We can help you to take all the legal steps to protect yourself.
Get in touch with one of our experienced Domestic Abuse Solicitors.
Why Choose Simpson Millar?
- We can assess you for and apply for Legal Aid
- Our Domestic Abuse Solicitors are experts in supporting people suffering from domestic abuse
- We’ll support you through the application and the Court Hearing
- If you aren’t eligible for Legal Aid, we can offer you a Fixed Fee Service so you know exactly how much it will cost
What is Domestic Abuse?
Domestic abuse is not just physical violence. Domestic abuse is any behaviour designed to control their partner.
This can include:
- Psychological abuse including calling you names, manipulating you, threatening you and gas-lighting you
- Sexual abuse including making you do things you don’t want to do either by physical force or through intimidation or threats
- Physical abuse which can include throwing things, hitting you, restraining you and any other physical behaviours
- Coercive control is when you abuser uses threats, humiliation and intimidation, either as an individual act or a pattern of behaviour, to harm, frighten or punish you
- Economic abuse including limiting your access to money, stopping you from working or taking your wages
- Online abuse which can include sending you abusive emails or texts, track you through your devices, put images of you online or demand access to your phone or laptop
Domestic abuse is a criminal act and is against the law.
You can take action and report your abuser to the police.
You can also take action in the Family Court to stop your abuser contacting you or your children.
What Can I Do?
You can ask a Solicitor to help you apply for an injunction, also known as a Non Molestation Order, in the Family Court.
We would try make the application without notice – this means that the respondent (the person you’re applying against) would not be told that you are applying for a Non Molestation Order until after the initial order is made. If this is the case, there will be a return hearing.
You’ll need to know that the respondent will be informed of the return hearing and may attend Court for this hearing as they have the right to reply to the allegations. Don’t worry, we’ll be there to support you throughout this hearing.
The Judge will then decide if a contested hearing needs to be listed and if the Non Molestation shall remain in place and for how long. The Non Molestation Order could be finalised at the return hearing and the proceedings concluded.
In some circumstances, we may need to give notice of the Court hearing to them rather than making the application without notice, depending on the circumstances of the case, but we will discuss this with you.
How Long Does it Take?
It’s usually a fairly quick process.
Depending on the time of day you contact us, an application can usually be made and a without notice hearing made listed within 24 hours if appropriate.
All Court hearings are taking place online or by telephone currently due to Covid, but some may continue this way even after the pandemic.
What’s the Process?
It’s important that you’re clear about what will happen. This is the process for making a Non Molestation Order.
- You call us or you’re referred from a charity or organisation
- We’ll complete a Legal Aid assessment
- We’ll take as much information from you about the situation including, what happened and when, whether you’ve reported it to the Police and if so, what they’re doing
- Once we have the information, we’ll draft a statement for you and you’ll sign this as your true evidence
- The application will be sent to the Court. The Court can either decide to hear from us, grant the order based on the papers or refuse the application and list a hearing. If this happens, the hearing is usually less than a week after the application’s made. We can also ask for a sooner hearing if more abuse is happening
Orders You Can Make at the Same Time
There are some other orders you may want to apply for at the same time as the Non Molestation Order, depending on your circumstances. They are:
Occupation Order – if you are sharing a property with the respondent, this order can give you the right to stay in the property in the short term. It will exclude them from the property for a certain period of time whilst you sort out somewhere else to live
Prohibited Steps order – this order stops the respondent from taking the children from you
Are Social Services Involved With Your Family?
If Social Services have been in touch with you and you’re worried, we can help. See more information on our Care Proceedings page or call us now on 08002605010 for free legal advice.
For free legal advice call our Abuse Claims Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.