Domestic violence or abuse is considered as one of the most concerning matters in UK family Law. If you and your child are victims of domestic violence and feel threatened by your partner, you should seek immediate assistance from our qualified Domestic Abuse lawyers.
We can help represent your precariously sensitive matters with the court proceedings to ensure you are safeguarded from the harms of any form of domestic abuse from your ex-partner.
Hence, domestic violence doesn’t always have to involve physical abuse, it can take multiple forms and you should carefully look for the following major signs of domestic abuse.
What is a Domestic Abuse Bill UK, and how it can safeguard the victims of domestic violence
Passed in July 2020, the Domestic Abuse Bill ( a.k.a Domestic Bill Act 2021) is going to be implemented in 2021/2022 all across the UK.
The domestic bill UK is a legislative act to bring perpetrators (domestic abuse offenders) to justice while protecting the victims of domestic abuse.
Furthermore, the bill will introduce the following provisions in the family law courts:
Under the Domestic abuse act, the court will be given a responsibility to consider the following:
If you suspect that either your ex, current or potential partner has a past of domestic violence, you can always seek help to assess their ‘abusive past’ under the Domestic Violence Disclosure Scheme ( a.k.a ‘Clare’s Law’).
The law implies’ right to ask’ to navigate any records of conviction, domestic abuse and if the information is proportionate, necessary or legit, the police will disclose any essential findings. Moreover, you can even apply for the disclosure and get help on behalf of your family members or friends who are victims of domestic abuse.
You can get assistance from the support services and agencies to draw out the information on your behalf.
Protect yourself or your child through Non-Molestation or occupation order
If you and your child are a victim of domestic abuse from either of the following members
You can apply for an occupation order if you are looking for a safe refuge/accommodation. Apply for the molestation order if you ( if applicable, your child/children) are looking for protection from the harms of following domestic abuse:
Anyone breaching or violating the non-molestation order is subjected to 5-years of imprisonment. The victims can apply for legal aid to proceed with the applications involving the above charges in family and children court.
Remember: It is essential to keep in mind how you will serve the order. If you don’t want to directly pass the notice to the respondent ( the offender), you can get help from a ‘court staff’ and ask for the certificate of service to deliver it to the respondent. The injunction can only proceed when the order is served on the respondent.
In addition to this, ensure to deliver a copy of the order to the local police station with a statement of confirmation that the domestic abuse offender has been served with a court order. Likewise, you must also serve the copy of the occupation order on the mortgage or landlord of any related or shared property.
In a nutshell, when you are sharing the marital assets with your former/ current partner, you can apply for the occupation order to safeguard yourself and your child/children, if any and claim for safe accommodation.
Depending on your circumstances, our family law specialists can guide you every step of the way and can expedite the court proceedings to ensure you receive maximum protection against domestic violence from your threatening partner.
If you are suffering from financial constraints and are still dependent on your partner for money and property, our experts will offer their best possible consultancy to ensure your economic right are well served.
We can further guide and support you on how to go about applying for the occupation order and what evidence you should be attaching with the application.
Furthermore, if you are alleged to be a domestic abuse offender, the law can protect those potential ex-partners wrongfully accused. For further guidance and immediate consultancy on domestic abuse services, and court orders, contact our expert Family law solicitors via a call at 0800 048 7573.
Complex legal matters call for expert legal help. Our expert team of solicitors can handle UK immigration, family law, business crime & personal injury cases. We service the work from our offices (Manchester, London, Birmingham and Chester
The domestic abuse perpetrator programme (DAPP) is a significant initiative by CafCass to help people convicted of domestic abuse to change their abusive behaviour and establish a healthy relationship with their ex/current spouse, including children.
Given the progress the participant of DAPP makes and based on how the court order decides, the Cafcass (the provider) will only recommend those most suitable for the programme.
Thus, only if the Family Court advisor recommends the provider can have the sessions run parallel between the supported partners and ex-partner at risk of domestic abuse. Any changes in the level of risk are assessed by the CafCass who then informs the court regarding the progress of the domestic abuse offender.
A non-molestation order ensures the health, safety and well being of the victims by safeguarding them from threats, intimidation, harassment or pestering, etc.
A violation of a non-molestation order leads to a 5-year prison sentence.
We have offices in London, Birmingham, Manchester and Chester
Monday – Friday: 9am – 5:30pm
Saturday: By Appointments
0800 048 7573 firstname.lastname@example.org
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