If you find yourself in a situation where your partner is subjecting you to mental or physical violence, it is important to act quickly. What can begin as an occasional attack or abusive language can often escalate to seriously jeopardise your safety. Extreme cases can include sexual assault, imprisonment or fatal attacks.
When you are intimidated by your partner, it can be difficult to confront or leave them for fear of their aggressive behaviour. It is particularly challenging when children are involved and you lack an effective support network. This is where legal action can help to protect you and your family.
Once you have acknowledged that there is a serious problem with your partner, the steps towards your protection can be put in place very quickly. There are organisations, such as the police, local authority and women’s refuges that can provide immediate solace. For the long term, there are two main court orders/injunctions that can be applied for through a solicitor:
1. Non-molestation order
This is when a court orders an injunction. This protects you from any threatening, intimidating, harassing, controlling, pestering or violent behaviour from the offending partner. A power of arrest can also be included in the order meaning that your partner would be arrested if they continue to be violent towards you.
2. Occupation order
This is when a court orders the violent partner to leave your home. This can be applied if you share a home with the violent person and they are either your spouse, close relative, someone that you have had a long term sexual relationship with or have been co-habiting with as if married or civil partnered. They can also be banned from coming within a certain distance of your home.
Both of these injunctions involve a hearing where evidence from both parties must be considered. However, once you have made the application, a hearing will generally be arranged very promptly and does not necessarily give notice to your partner. This means that hopefully you do not have to deal with a long lead up to the hearing when your partner could be angry or try to control your decision to proceed.
How to get the outcome you need
QualitySolicitors can offer you the help you need to leave your current situation with as little emotional distress as possible. In cases of violence, as your partner’s income is not taken into account, you may also be entitled to legal aid. With a same-day response promise, our experienced solicitors will help you with your first step to taking control of your situation. With our free, initial, telephone consultation, you can get immediate advice, including a confidential discussion of your options, the potential outcome and how to move forward.
If you require expert advice, contact QualitySolicitors and arrange to meet with one of our lawyers.