Domestic Abuse Solicitors
What is domestic abuse?
Domestic abuse can take many forms, from physical abuse and sexual abuse, to less obvious psychological, emotional or financial abuse.
How can a domestic abuse solicitor help?
If you have been on the receiving end of domestic abuse or have received an injunction which sets out that you have been a perpetrator of domestic abuse, our specialist team of domestic violence solicitors can help. We can support you in obtaining protection from the court and apply for and obtain:
A non-molestation order
An order for your safety and protection to prohibit molestation which includes using or threatening violence, intimidation, harassment and unwanted pestering.
An occupation order
An order which regulates the use of a property, confirms a person’s right to live in a property, and can exclude somebody from living in a property or an area around it.
An occupation order can also regulate the use of a property, clearly define the occupation and, in some cases, when rooms can be occupied by both parties to enable them to remain living together.
These orders are usually needed urgently and can be applied for and obtained from the court on the same day, if necessary.
We can also advise and assist if you receive an injunction, give guidance on what you should do next and whether you contest the application.
Our specialist domestic violence solicitors can help you find the right solution for your case. We understand your needs and are compassionate and skilled in helping you to obtain the protection you require and can advise about other support services available to help you deal with your experiences.
We have nationally accredited solicitors for domestic violence, and team members on the Law Society’s Children panel and Domestic Abuse panel.
Obtaining a domestic abuse injunction
Our specialist domestic violence solicitors can help you obtain non-molestation and occupation orders for your safety and protection:
- We will meet with you and talk about your needs. It may be that a letter can be written, warning about the behaviour of the other party, which brings the matter to an end.
- If necessary, an injunction application can be put together with a supporting statement.
- The application would be sent to the court for issue.
- The court can make orders without hearing from the other party to provide immediate protection on the day of application.
- The orders then need to be personally served on the other party.
- There will be a short hearing so that the other party can have their say. This is usually a week after the application is made.
- If the other party does not attend the listed hearing, the court will make a final order. If the other party does attend and wishes to contest the application, the court will set a day for the matter to be heard, subsequent to them providing a statement which sets out their case in detail.
- The court will make the final decision at a final hearing.
Contesting a domestic abuse injunction
Our specialist domestic abuse solicitors can also assist if you have been served with an injunction:
- A statement can be prepared to support your case, responding to the allegations which have been made.
- Alternatively, an undertaking can be offered in place of the injunction which is a binding promise to the court, a breach of which is seen as contempt of court.
- If matters remain contested, a final hearing will have to take place, with the court making the final decision.
Domestic abuse legal aid
Legal aid may be granted if you have been a victim of domestic abuse. Our solicitors can assess your legal aid eligibility.
Unfortunately, legal aid is not available to contest an injunction.
Our domestic violence solicitors can discuss this with you in relation to your circumstances.
Finding a domestic abuse solicitor near me
At Stephens Scown, we have offices in Exeter, Truro and Taunton. We cover all areas in the South West as well as further afield.
We know it can be difficult to seek advice, but we have experienced solicitors who deal with domestic abuse in a compassionate and empathetic way. If you’re experiencing domestic abuse, please don’t hesitate to get in touch with us by calling 0345 450 5558 or by emailing enquiries@stephens-scown.co.uk
Some other organisations which may help
If you require additional support there are a number of resources available, including:
Gov.uk Domestic abuse: how to get help
