Domestic Abuse

Domestic abuse can be physical, emotional, sexual, economic or psychological. Whilst it can be a one-off incident, it is more likely to manifest as a pattern of behaviour intended to frighten, humiliate, intimidate or hurt the victim in some other way. If you are experiencing domestic violence, it is important to remember that you are not alone. There are numerous organisations whose purpose is supporting victims of domestic violence and whose number one priority is your safety and the safety of your family. Those organisations are there to help and support you and will take care of you with compassion and respect. When you are safe and feel ready to think about future plans, our family law solicitors are here to talk you through your legal options and support you as you move forward.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

“Simper Law gave my family honest and straightforward advice. In a difficult time they were professional and showed empathy. Above all else their client care was faultless.
Thank you.”

How We Can Help If You Are Facing Domestic Abuse

Our specialist family law solicitors understand that recognising and accepting that your relationship is abusive can be incredibly difficult. Moreover, making the decision to move on from such a relationship can be stressful, frightening and overwhelming. Our solicitors are experts in the field and give straightforward, concise legal advice with a personal touch. They never use legal jargon but will instead take the time to get to know you and discuss the issues that concern you in plain English with empathy and sensitivity. Depending on the circumstances, they may explore the following options with you:

• Permanent Separation From Your Partner

If you and your partner are married or in a civil partnership, our solicitors may discuss whether you wish to formally end your relationship through divorce or civil partnership dissolution. If you do, they will guide you through the process, protecting your interests every step of the way.

As a general rule, the Courts encourage separating couples to seek a settlement of their issues amicably, using alternative dispute resolution methods such as mediation. Most couples are obliged to attend a meeting known as a Mediation Information Assessment Meeting (MIAM) before seeking the Court’s intervention. Only if the Mediator does not believe that mediation is suitable in a given case, or if a subsequent mediation fails, can the parties apply to Court. However, in cases involving domestic violence, MIAMs are not compulsory. You can proceed straight to Court and have minimal contact with your ex-partner throughout the process.

• Restricting The Abuser’s Access To Your Children

When you separate from your partner, the Court will decide where your child should live and whom they should spend time with by way of a ‘Child Arrangements Order’. All Child Arrangements Orders are based on what would be in the child’s best interests, which is usually to have ongoing relationships with both parents. However, in cases involving domestic violence, the Court will be extra cautious before ordering that a child should spend time with a parent who has been abusive to the other. Whilst domestic violence does not automatically preclude a parent from seeing their child, the Court will be careful to ensure that any arrangement not only protects your child but also you against future harm. Depending on the circumstances, this may involve restricting the abuser’s access to the child or imposing additional safeguards, such as supervised access.

• Obtaining Court Orders

Several types of civil Court orders can assist victims of domestic abuse, including Non-Molestation Orders and Occupation Orders.

A Non-Molestation Order is a type of injunction that typically prohibits your ex-partner from threatening, intimidating, harassing, or communicating with you in any way. It may also prohibit them from approaching your children. If your ex-partner breaches the terms of the Order, they may be guilty of a criminal offence and sent to prison.

An Occupation Order specifies who can live in the family home. It might exclude the abuser from the property and prohibit them from coming within a specified radius of it. These Orders are not permanent and do not impact what happens to the property when your separation is finalised. However, they can provide some much-needed reassurance that your partner cannot turn up at your home uninvited without breaching the terms of the Order.

Many family law issues require a sensitive touch, but never more so than when domestic violence is involved. Our family law solicitors understand that cases involving domestic abuse often necessitate urgent action and will act quickly and decisively to protect you and your family. Our family law team are friendly and approachable and will be on hand to listen to your concerns and help you navigate the legal processes involved in moving on from a domestic abuse situation towards a positive future.