Domestic Violence Injunctions

CFWe are specialist family law solicitors based on the edge of the City's business district in the Tower Hill area of London, advising on on aspects of family matters such as custody and contact with children, and orders under the Family Law Act 1996 such as the non-molestation order.

Protection against violence

The most effective way in which to remove or keep a violent partner from your home is to secure a domestic violence injunction. This type of order is legally referred to as a non-molestation order under the Family Law Act 1996.

In urgent cases, the Court may grant a without notice (referred to as ‘ex parte‘) order, if there is a risk that you may be harmed if your partner becomes aware of your application. The hearing for such cases are heard either on the same day or within 48 hours.

Funding Options

We do not offer legal aid and you will not ordinarily be eligible unless you are the victim of domestic violence. However, we offer very competitive rates and can agree to represent you for fixed fees for different stages of your case.

What's Included?

We will provide the following with each of the above options:

  • Our initial consultation is always with a solicitor, who will spend up to a hour with you to understand your case, explain the process of securing a non-molestation injunction and how to protect yourself;
  • If you would like to instruct us to help you draft your affidavit for your injunction application without attending court, we can assist you with this and the relevant forms as part of our second tier service;
  • Our premium service includes advice, document preparation and court attendance to secure the injunction. We will also serve the papers on your partner after the hearing and correspond with solicitors.

Domestic Violence Victims without Idefinite Leave to Remain

We also advise on domestic violence and abuse victims, who are in the UK on a spousal visa on their rights to secure indefinite leave to remain in their own right without their sponsor. The Home Office grants special consessions to victims of domestic violence to remain in the UK.

What is a Non-Molestation Order?

A non-molestation order, if granted, prevents a violent partner from using or threatening violence, intimidating, harassing or pestering, communicating with the victim, this includes sending text messages and coming near the home.

It is a criminal offence to breach a non-molestation injunction and it may lead to arrest and a custodial sentence. The order will ordinarily be granted for a short time (e.g. 1 year) and will need to be renewed. It is not a permanent solution.

What are Occupation Orders?

If one party is locked out of the family home, or there is a dispute as to which party should stay or be excluded, it is possible to apply for an occupation order. This is the second type of injunction available under the Family Law Act, allowing you to enforce your right to remain, or return to the family home.

Domestic Violence Hearings

As mentioned above, in most cases domestic violence or occupation order applications are brought on an urgent 'ex parte' basis. This means if you secure an order without notice to your partner then the court will want to hear both sides of the case at a 'First Hearing Dispute Resolution Appointment,' where the court discusses evidence required for trial and lists the matter for a final hearing.

Fact Finding Hearing

If the violent party does not agree with some or all of the allegations made, then the court is likely to list your case for a 'fact finding hearing' before the final hearing. This is a hearing where the Judge decides after hearing evidence from both parties whether an allegation is true or not. This could last anywhere between 1/2 day to 2 or 3 days (depending on the number of allegations).

Contact Domestic Violence Solicitors

Contact us today on 0203 540 6340 for advice from our specialist family law solicitors dealing with domestic violence and occupation orders, or email us on contactus@merchistonsolicitors.co.uk.

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3 Thomas More Square,

8th Floor, Belgravia Suite

Thomas More Street

Tower Hill, London
London E1W 1YW

 

T: +44 (0) 203 5406340
F: +44 (0) 203 6429256
E: contactus@merchistonsolicitors.co.uk

Get legal advice now +44 (0) 203 5406340