It is commonly thought that violence and harassment consist of the use of actual physical violence. In truth this is never the sole abuse that many victims suffer and it is possible to get help before the problem develops to that stage.
Domestic Abuse
Abuse can take many forms and it is not just restricted to physical attacks. Signs that a relationship is abusive can include:
- Verbal abuse such as insults and taunts
- Exerting financial control over a partner
- Bullying
- Psychological abuse including making threats of violence
- Sexual abuse
The court can offer emergency protection to people who are in an abusive relationship or who are suffering abuse or threats from a family member or former partner, including:
- Emergency protection from a violent or abusive spouse or partner, or a former spouse or partner
- Emergency protection from a violent or abusive family member.
- Regulation of the occupation of the family home
- Warning a violent or abusive partner about the above.
A court can protect you if you are suffering from this abuse by putting in place an injunction, or Non-Molestation Order against your abuser. This can prevent someone from hurting or abusing you or threatening to do so. A non-molestation order can also prevent someone from making contact with you, coming to your home or the surrounding area. A breach of this injunction carries a criminal penalty which means that the perpetrator may be arrested by the police.
A court can grant an injunction on an emergency basis based on the evidence without letting the other person know. This means that by the time they receive the non-molestation order, it is already in force.
We can help you obtain an injunction from the court and we aim to do so on the same day that we see you. We have links with other agencies that can offer you further support and information once an injunction is in place.
Occupation Orders
A court may also grant an order about your house. This order sets out who can live there and can oblige someone who is violent to leave the property. The court also has the power to transfer the tenancy of rented accommodation to your sole name. Like with non-molestation orders, these occupation orders can be made without notice if the situation is serious enough. We can advise on a case by case basis about obtaining an occupation order.
Protection from Harassment
In some cases, the person who is abusing you may not be a family member, but could be a friend or a colleague, or someone connected to you in another way. In these situations, you may still obtain an injunction to prevent them from doing this. These injunctions prevent threatening or abusive behaviour and harassment. We can help you to obtain an injunction to protect you in these circumstances and this can be done on an emergency basis.
Warning Letters
On some occasions, it may not be appropriate to obtain a non-molestation order or occupation order immediately. This may happen where you have not heard from someone for a considerable period of time, or where there is not enough evidence for a court to establish a pattern of behaviour. In these situations, we can advise you about warning letters, which set out to a perpetrator that their behaviour is unacceptable and the consequences, including obtaining an injunction, which they may face if they continue.
Funding
All injunctions can be funded by the Legal Services Commission if you are on a low income or in receipt of benefits or are completely dependent financially on your partner if they are the perpetrator of the abuse. This can be done immediately. In some circumstances the Legal Services Commission will fund an emergency injunction where you have a low income but do have capital – we advise on a case by case basis in these situations.
We understand that this is often an extremely difficult time and our specialist domestic violence team aim to see you on the same day you make a call to us.
If you are in immediate threat of violence you should call the Police by dialling 999
We are always happy to help and you can contact our department 24 hours a day on 07952 053 470. If you need further advice regarding Harassment or Domestic Violence please contact by email either Dee Aktar on da@milesandpartners.com or Frances Trevena on ft@milesandpartners.com or call us on 020 7426 0400