If you are unfortunate enough to suffer from or if you have been threatened with domestic abuse, we can advise you. Abuse can be physical, psychological, sexual, financial or emotional and it includes the threat of abuse.
If you are the victim of domestic abuse and you have children it is vitally important that you take steps to protect them. It has been an offence for someone to cause or allow the death of a child or vulnerable adult since 2004 and a person who has failed to protect a child or vulnerable adult from domestic abuse could be guilty of this offence.
The government is so concerned about the impact that domestic abuse has on children it has extended this and has created a new offence of causing or allowing serious physical harm to a child or vulnerable adult.
This means that even though you may be a victim, you may also be guilty of a criminal offence if you do nothing to prevent your child from becoming one too.
In the majority of cases it is important to warn your former partner or other family member that you will issue proceedings if his/her behaviour continues. We can write to him or her on your behalf. Sometimes, it is permissible to make an application to the Court without giving him or her any notice. Thereafter we can represent you on an application for a family injunction. There are two types of orders:
- Occupation Orders: these regulate the occupation of a family home and can exclude the other party, even if he or she owns it
- Non-Molestation Orders: these prevent the other party from harassing, intimidating, pestering or threatening you or encouraging anyone else to do the same
In either case, the orders can include provision for your children.
Occupation Orders and Non-Molestation Orders require the parties to have some familial link. If there is no familial link it may be possible to issue proceedings under the Protection from Harassment Act 1997; again, we can give you advice and represent you.
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