Domestic abuse is experienced at all levels of society regardless of age, gender, race, sexuality, wealth and sadly it is an all too common problem. It's not just about physical violence. Abuse can take many forms including psychological, emotional and sexual abuse.
The risk of domestic abuse increases when couples separate and especially if there are disagreements about the arrangements for the children, the home or financial matters. We can help to make you and your children safer and deal with many of the problems caused by a violent or difficult relationship.
Many people who have experienced domestic abuse find it difficult to talk about their experiences and are fearful of the consequences of having sought help. We have an experienced team of family lawyers who understand that it’s not always easy to take the first steps towards obtaining help. We will only ever communicate with your ex-partner if you have asked us to and we will give you clear advice about all of the options open to you.
How can we help you?
If you are in an abusive relationship and want to separate or have separated from an abusive partner we can help you to obtain an injunction to protect you from any further abuse. This can include removing an abusive partner from the home or preventing him/her contacting you.
Domestic abuse can also happen in other family relationships, not just between partners. If you are being abused by someone you are related to you may be able to obtain a court injunction (sometimes known as a "restraining order")
Our team includes two lawyers who are accredited by Resolution as specialists in dealing with domestic abuse cases.
Contact Clair Wygladala Carol Chrisfield
See Clair's profile See Carol's profile
FAQs
What is domestic violence/abuse?
A common misconception is that domestic abuse is only physical violence, such as being hit or punched. This is not true. As well as physical violence domestic abuse can take many forms such as emotional abuse, financial abuse and sexual abuse.
The government definition of domestic abuse is "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality."
Quite often victims don’t realise they are being abused, and can often feel that they are at fault for their partner’s behaviour.
Can the police help me?
If someone uses or threatens violence against you a crime has been committed and the police have a duty to help you. It is no excuse that the person who has assaulted you has been in a relationship with you.
The police have had special training to help deal with domestic abuse and most police officers are sympathetic.
If the police are called they should try to ensure that you are safe. They should also let you know whether they will be arresting and charging the person who has abused you.
If the police charge the person (the offender) who has abused you the case will be dealt with in the criminal courts rather than the civil courts. You will not be legally represented in the criminal proceedings although you may get support from the police or witness support (if you are a witness). Support may also be available from other voluntary organisations (see links at the bottom of this page)
In criminal proceedings the offender will either be found guilty or not guilty. If not guilty it is likely that you will not be protected from further abuse. You may want to consider applying for an injunction
If the offender is found guilty the court will decide what sentence to give. This can include making a “restraining order” which is like an injunction.
What is an injunction?
An injunction is a court order telling a person not to do something or telling them to behave in a specific way.
Usually domestic abuse injunctions forbid one person from using or threatening violence against their partner/family member and from communicating with them in any way. These types of injunctions are usually called “non-molestation orders”.
It is also possible to obtain a non-molestation order to protect a child from abuse (link to below) from a member of their family.
Domestic abuse injunctions can also order a person to leave a house or or forbid them from going to their ex-partner’s/family member’s house or street where they live (link to below). In some circumstances an injunction can order one person to pay the mortgage or other outgoings on a house. These types of injunctions are usually called “occupation orders”.
Domestic abuse injunctions are civil injunctions and an application is usually made to the local county court.
Injunctions usually last for 1 year.
How long does it take to get an injunction?
Applications for domestic abuse injunctions are usually made urgently and quickly and are sometimes obtained the day you come to see us.
In cases where there is immediate risk it is possible to obtain an injunction without the other person knowing that you have gone to court
If there is no immediate risk of further abuse then it may be a few weeks before you can apply for an injunction, usually to allow time to sort out legal aid.
Can I get my partner out of our house?
In some cases it is possible to obtain an injunction which orders your partner to leave your home or if they have already left to stop them from coming back. This is called an “occupation order”.
The court can also make other orders about the house, such as who should pay the bills.
What orders the court can make will depend on your relationship with the other person and what rights you both have in the house.
Occupation orders are usually made for a year or until the long term financial arrangements have been sorted.
Can I get an injunction for my children?
It is possible to obtain a non-molestation order to protect a child.
Although children can be the direct victims of domestic abuse they are all too often the indirect victims. It is thought that in about 90% of domestic abuse cases children are in the same or an adjacent room when a violent assault takes place.
Children’s safety and their well being are of great concern to the court not only in applications for injunctions but in all family cases.
In some cases the court will make non-molestation orders protecting children but the courts will also consider whether there are other ways they can help protect the safety of children, for example by changing the arrangements for contact between children and an abusive parent/family member. The court may decide it is not safe for there to be contact between a child and the abusive parent/family or may decide contact can only take place provided there are protective measures in place, such as contact being supervised.
I have received an injunction order what should I do?
We can help you if you have received an injunction. As injunctions are dealt with quickly it is important you contact us straight away to give us as much time as possible to help you.
If you have received an injunction order it is important you obey the terms of the order. Disobeying a non-molestation order is a criminal offence and you could be sent to prison or fined.
If an occupation order has been made against you there may be a power of arrest which means if you break the order you could be arrested by the police and brought back to the court which made the order for them to decide the punishment.
It is likely that with the papers you have received there will also be details of another court hearing date, probably in a few days’ or a weeks’ time. If you do not want to be bound by the terms of the injunction it is important you attend this court hearing. If you don’t the injunction is likely to continue (until the date it runs out) and the court can even make further orders in your absence.
We are able to represent you at court in relation to an injunction.
Can I get legal aid?
Legal aid is available to apply for an injunction and in some cases to oppose an injunction.
Whether you qualify depends on your case and your financial circumstances. Special eligibility rules apply in these sorts of cases and so it can be a lot easier to get legal aid to pay your legal costs
If you qualify then sometimes, in urgent cases, we are able to grant you emergency legal aid, so that we can carry out urgent work. In cases that aren’t urgent applications forms will be sent to the Legal Services Commission (LSC) for them to decide whether you qualify for legal aid. This can take several weeks.
When we meet you, provided you bring up to date evidence of your financial details, (we will let you know what you need to bring) we can advise you whether you qualify for legal aid.
What other help is there?
There are a number of local and national organisations which support women, men and children who are experiencing or who have experienced domestic abuse. There are also a number of organisations who offer support and counselling to those who want to change their violent or abusive behaviour.
Women's aid a key national charity working to end domestic violence against women and children.
Refuge For women and children against domestic violence. 24 hour helpline.
Male Offering advice for men experiencing domestic abuse
Broken Rainbow Support for lesbian, gay, bisexual and transgender (LGBT) people experiencing domestic violence.
Respect Increasing the safety and well-being of victims by promoting, supporting, delivering and developing effective interventions with perpetrators.
NSPCC Working to end cruelty to children in the UK
Survive A women's organisation in South Gloucestershire that provides support, accommodation, information and education for women and children, who are experiencing or have experienced domestic violence
Next link Provides specialist domestic abuse services for women and children in Bristol
Splitz An independent charity and leading provider of domestic abuse support services in Wiltshire
NADA North Somerset Against Domestic Abuse (NADA) provides information, practical and emotional support for women at risk of domestic abuse
Wish A national helpline that offers telephone counseling for any women in distress to speak in confidence with a particular emphasis on self-harm or self injury
Everyman project Help for men to change abusive or violent behaviour
|
