Domestic abuse

A non-molestation order is a court order that protects you from abuse or harassment. It can prohibit an abuser from using or threatening violence, intimidating or pestering you, contacting you directly or indirectly, and coming to your home or workplace. As non-molestation order solicitors, we prepare your application and supporting statement carefully, because the strength of the evidence often determines how quickly and how fully the court will act. Breaching a non-molestation order is a criminal offence, which means the police can arrest and prosecute the person who breaches it, giving the order real force.

Sometimes stopping contact is not enough, and you need the abuser removed from the home itself. An occupation order regulates who is entitled to live in the family home. Depending on your circumstances, the court can exclude the other person from the property entirely, require them to leave, restrict them to certain parts of the home, or confirm your right to remain. Our occupation order solicitors advise on whether this remedy is right for your situation and how the court will approach it, including the “balance of harm” test it applies when deciding whether to make an order.

Where there is a risk of immediate harm, you do not have to wait. As part of seeking an injunction for domestic abuse, we can apply to the court urgently, and in serious cases the court can make an order “without notice”, meaning it hears your application before the other person is told, so they cannot cause further harm in the meantime. An emergency protective order under family law can often be obtained within a day or two, sometimes the same day, with a further hearing shortly afterwards at which the other person can respond. We move quickly to get protection in place when it is needed most.

Domestic abuse rarely affects only the adults involved. Children who witness abuse can suffer serious emotional and psychological harm even when they are not directly targeted, and the family court treats their welfare as a paramount consideration. Protective orders can be tailored to safeguard both you and your children, and we can advise on how domestic abuse issues interact with any arrangements for children.

We know that seeking help can feel daunting, so we make the process as clear and supportive as possible while acting with the urgency your safety requires.

• A prompt, confidential first discussion to understand your situation and immediate risks;

• Fast preparation of urgent applications, including without notice orders where there is a risk of harm;

• Clear advice on which order, or combination of orders, best protects you and your children;

• Sensitive, practical support throughout, coordinating with the police and support services where needed; and