Family Law
Domestic abuse includes many types of behaviour not simply physical violence, that can include hitting and pushing around, forcing a partner to have sex against their wishes but also non-physical violence in the form of bullying, intimidating, coercive behaviour and threatening a partner or sending excessive text messages.
Domestic violence is usually experienced by women but men too can be the victims of violence at home. All domestic violence is against the law.
Domestic abuse and harassment is an offence for which the police can take action. The Police should always be called upon for assistance, particularly in an emergency. Most police forces have specifically designated officers trained to give advice and support to victims of Domestic Violence.
If you are the victim of Domestic Violence there are a number of options available to you in order to ensure that you remain protected in the future. It is possible to make an application to the court, either on notice whereby the alleged perpetrator will be aware that an application has been made, or ‘ex parte’ meaning that the alleged perpetrator will not, at least initially, be made aware of your application. A Non-Molestation Order forbids the threat or use of violence and the use of intimidation, harassment, or pestering. It can also prohibit specific behaviour. The court will take into account all of the circumstances of the case, including the need to secure your health, safety and wellbeing and that of any children you may have.
An Occupation Order can be obtained where significant harm to you or your children is anticipated, such Orders are usually made for a fixed period of time, generally no less than six months and may be extended. The Order may include:
Once you have a Non-Molestation Order and it has been served upon the perpetrator, the police have the power to arrest should there be a breach of the Order, which is a criminal offence.
Breach of any Order is contempt of court and if your partner does breach an Order they could be sent to prison by the civil court that made the Order.
A Power of Arrest can be attached to all or part of an Occupation Order. The police are then able to arrest your partner for breach of the Order.
The John Hodge Solicitors family law team has specialist experience of dealing with domestic abuse issues.
They can advise in relation to:
The John Hodge Solicitors family team will listen sympathetically to your concerns and advise you on the options open to you they will offer effective and practical advice on how to protect yourself at times of crisis or threat. We understand that it takes bravery and courage to seek advice in respect of Domestic Abuse and our Family Team are here to help to ensure that you obtain the protection that you need.
Our experienced Family Lawyers can provide advice and assistance in completing the forms required for an application in respect of Non-Molestation Injunctions and/or Occupation Orders. Our Family Lawyers have experience in drafting statements and will be by your side throughout the whole process, including representing you in court and ensuring, should it be required, that the Court put in place measures to ensure that you do not have to come ‘face-to-face’ with your perpetrator. These can include separate entrances and exits to and from the court and screens put in place so that you do not have to see the perpetrator during the court hearing.
We have Family Lawyers across Bristol and Somerset with offices based in Bridgwater, Clevedon, Wedmore, Weston-Super-Mare and Yatton.
Our experienced Family Lawyers offer a free initial consultation within which your Family Law issues can be discussed with no obligation on your part to instruct us moving forward.
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