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Domestic Abuse and Injunctions

//Domestic Abuse
Domestic Abuse 2017-02-01T16:12:08+00:00

Domestic Abuse and Injunctions

No one should have to put up with violent, controlling or repeatedly abusive behaviour from their spouse, partner, former partner or from the parent of their child.

Court Orders, known as Injunctions or Non-Molestation Orders can be obtained in all of these situations.  They can also be obtained if the abuse is towards a child.

In these times of mobile phones and social media, text messages and postings on Facebook can be just as threatening and abusive as those said to you face to face.  Injunctions can be obtained to cover texts and social media communications.

We are committed to offering good advice to those suffering abuse.  One of our specialist family solicitors will always try and see you the same day if your matter is urgent.  We know that for some people who are abused the hardest thing to do is to pick up the phone and contact a solicitor.

At King Street Solicitors LLP all our staff are trained to deal sympathetically and approachably with people suffering from domestic abuse from the first moment that you pick up the phone.

What happens next?

We will arrange to see you and find out what concerns you.  When we know exactly what is happening to you we will suggest either:

  • That we write a warning letter to the other party if that is appropriate or
  • That we prepare the papers to go to Court and ask the Judge to make an Injunction Order

If necessary we can apply to the Court immediately and go to Court that day.  This sometimes means that we can obtain an Order protecting you without telling your partner first.

In serious cases we can apply for an Order to exclude a spouse or partner from the home.  This is known as an Occupation Order.

What happens at the Court hearings?

These hearings are usually in private.  The Judge will have read papers which we have prepared setting out why you need the Orders.  Very often you will not need to say anything in Court.  If your spouse or partner is at Court we will ensure that you wait in a separate area away from them and that you feel safe.

What will the Judge take into account?

The Judge will consider your health, safety and wellbeing and the health, safety and wellbeing of your children.

What will the Order say?

An Order can prevent:

  • Threats and violence
  • Verbal abuse
  • Your spouse or partner coming near your home
  • Your spouse or partner damaging your property
  • Any form of contact
  • Pestering you

What happens if the abuse continued after the Order is made?

Anyone who breaks the terms of an Injunction is committing a criminal offence and can be arrested.  The Police are given a copy of every Injunction Order.

In addition if it is appropriate we can take the case back to the Court who made the Order.  A Judge can impose a fine or in serious cases send someone to prison for breaking an Order.

What about the cost?

Legal Aid is usually available for domestic abuse cases.  The normal income limits which usually apply do not apply for domestic abuse cases.

In a few cases your savings or capital may mean you do not qualify for Legal Aid and in this case we will offer you a competitive fixed fee package

Other sources of help

In addition to providing legal advice we will ensure where appropriate that people are given details of other organisations that can help them in these circumstances for example securing their home.

Contact our Injunction and Non Molestation Order solicitors in Wakefield on 01924 332395.