Domestic Abuse

Our domestic abuse solicitors are here for you when you need it most.

Quick to help, good advice.

Denise via Yell Reviews

Domestic Abuse Lawyers London & Southeast

If you are suffering from abuse, harassment or violence from someone, we can help provide you with the legal advice and support you need. At Appleman Legal, our domestic violence lawyers have a great deal of experience with domestic abuse legal matters and we have successfully obtained relevant injunctions (non-molestation injunctions and occupation orders) to help many of our clients. 

Injunctions

Non-Molestation Order

Occupational Order

Injunctions

There are two types of injunctions which are designed to address behaviour that may constitute domestic abuse: Non-Molestation Orders and Occupation Orders.

Injunctions are Orders made at the discretion of the Court which are used to prevent a person from acting in a specific way. Our sensitive lawyers are here to help you apply for an injunction and can advise on which type of injunction is best for your particular circumstances. No one should put up with domestic abuse. The law is there to offer you protection and there are several ways in which it can do this. 

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Non-Molestation Orders

When considering making a Non-Molestation Order, the Court will look at whether such an Order is necessary to secure your health, safety and wellbeing. It will do this by considering all aspects of your circumstances, including the behaviour you have been subjected to.

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Non-Molestation Orders are designed to prevent a person from harming or threatening to harm you or your children if you are “associated” with that person in one of the following ways:

    You are married or in a civil partnership with that person or have plans to marry or enter a civil partnership with them 
    You have lived with them in the same house in a family type scenario 
    You have been in an intimate relationship of significant duration with them either currently or in the past

If there are concerns about harm or threats being made to the children of the family under the age of 16, an application can be made to the Court on their behalf.

What is considered molestation?

Molestation can take the form of physical violence or threats of physical violence but it can also be verbal abuse, abusive and/or persistent phone calls, threats, intimidation, bullying or abuse channelled through social media. If you would like to discuss Non-Molestation Orders with a specialist family solicitor, get in touch now. 

What happens next?

Any Order made will only become effective once it has been served on the other party and will usually take effect for six to twelve months. In the final hearing, that person can oppose the granting of a final Order if they wish to do so. If that person does not attend the final hearing, the Order can be made in their absence. It’s worth nothing that a breach of a Non-Molestation Order is a criminal offence and will result in arrest.

Need advice on Non-Molestation or Occupation Orders?

Non-Molestation Orders Family Lawyers London & Southeast

Speak with a member of our team today to discuss your particular circumstances.

Occupation Orders

An Occupation Order can be granted by the Court if, for example, you left the family home because of the domestic abuse you suffered and you wish to return to live there. The Court has a wide range of powers it can exercise, such as preventing the person who abused you from coming to the house or coming within a specific distance of the house.

You can apply for an Occupation Order if: 

    You are married or in a civil partnership with that person or have agreed to marry or enter a civil partnership
    You have lived or are living with the other person in a family situation 
    You have been in a relationship with them for more than six months

An Occupation Order will last for six months but can be extended for a further six months if necessary.

Before making an Occupation Order, the Court will consider the housing needs and financial resources of both parties and what effect making (or not making) an Order would have on the wellbeing, health and safety of everyone involved. It will also take into account the conduct of you and your partner towards each other and in general terms.

If granted, the Order can also determine for example, who should pay the rent or mortgage and who is responsible for the upkeep and maintenance of the property.

Will I have to go to Court?

Hearings are held in private and can be held urgently if your safety is considered to be at risk. In such circumstances, the hearing would take place without the other party being present if giving them notice might make things worse for you.

The Court also has the power to grant immediate protection by way of an Interim Order if it identifies that there is an urgent need to protect you and/or a child. 

What happens if the Order is breached?

Breach of an Occupation Order can result in arrest if there is a power of arrest attached to it.

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Contact our Child and Family Solicitors in London & Southeast

Whether you’re looking to make a Non-Molestation Order or an Occupation Order, get in touch with our family law team to discuss this further.