Domestic Abuse

The term ‘domestic abuse’ doesn’t just mean physical abuse. Abuse can be, and often is physical, but it can also involve psychological, sexual, emotional or financial abuse, coercion, or controlling behaviour, or simply the threat of abuse. Under no circumstances is it ok or justifiable.

Despite this, many victims of domestic abuse take years to muster the courage to seek help and access the support needed to remove themselves from their incredibly unhealthy – and often dangerous – environment. If you are a victim of domestic abuse, you should seek help as soon as possible.

If you have children, it is vital to take active steps to protect them. It’s an obligation, not a recommendation. Since 2004, it has been a criminal offence to ‘allow’ the death of a child or vulnerable adult, meaning that if you fail to protect a child or vulnerable adult from violence, you could be found guilty, even if the abuse or death was directly caused by an abusive partner.

This means that even though you may be a victim yourself, you may also be guilty of a criminal offence if you fail to prevent your dependents from becoming victims.

How can we help?

Depending on the severity of your circumstances, we can make an application to the court without giving your abuser prior notice. In these circumstances, we can apply for two types of injunction on behalf of you and any dependents, and represent you in court if needed. The potential injunctions are:

  • Occupation Orders: these regulate the occupation of a family home and can exclude the other party, even if they are the sole owner.
  • Non-Molestation Orders: these prevent the other party from harassing, intimidating, pestering or threatening you or your dependents, or encouraging anyone else to do the same.

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, which offers protection against any action, including speech, which causes alarm or distress. Again, we can give you advice and represent you.

If you find yourself in difficult or dangerous domestic circumstances, please don’t hesitate to contact us so we can help you find a way out. We’re here to listen and support you.

Get in touch

For further information about our services or to make an appointment please contact:

Michael Brady

mbrady@daveylaw.co.uk

Cirencester
01285 654875

Julie Long

jlong@daveylaw.co.uk

Gloucester
01452 508800

Your locally trusted Solicitors serving the people of Gloucestershire