Many people suffer domestic violence from their partners and often suffer in silence. In June 2015, the BBC reported an 18% increase in prosecutions for offences classed as ‘violence against women and girls’ in England and Wales. Domestic Abuse can be from women to men and vice versa. You do not have to put up with violence. Domestic Violence/ Domestic Abuse can be anything from controlling behaviour to physical violence.
Sugaré & Co can provide help until your domestic violence situation is resolved. We can discuss ways to protect any children you may have from contact with your violent partner and even help with a separation or divorce should this be needed. We have trained solicitors with a wealth of experience to help you.
We can offer you discrete appointments at a time and venue to suit you. We can also put you in touch with various supports organisations to help you make the transition to independent living.
Detailed below are frequently asked questions for this area of law.
Domestic violence can be defined as any type of physical, emotional or sexual abuse between people in a relationship such as married couples, co-habitees or family members. It can include physical assault, sexual abuse, threats or intimidation.
Although each situation is different, typical examples of domestic violence include:
- My husband hit me last night.
- My ex-boyfriend has threatened to kill me.
- My ex-girlfriend telephones me at work and follows me about in the street.
- I am frightened of my husband and I want him to leave the house.
- My partner treats our children badly and they are very frightened.
- My wife says she has paid some friends to attack me.
- My boyfriend has smashed up all the furniture in the house.
We will use the law to help you and your children feel safe and secure rather than frightened or intimidated by your partner. We ask you to tell us about your situation and will advise you about protection you can get. We can even apply for court orders to protect you and your children.
Emergency injunctions are quick ways to protect a person from their violent partner. This temporary injunction can be granted on the basis of one party's account of events and the violent partner will not be present in court. Thereafter a full hearing will usually take place where both parties give evidence and the court will to decide if the injunction should continue.
We can help you obtain an emergency injunction and will give absolute priority to your concerns. If a court is available to hear your case we can often obtain an injunction within 24 hours of first speaking with you.
A Non-Molestation Order can be obtained in cases of domestic violence and is where the judge can make a power of arrest. They protect individuals and their children from violence and/or harassment. They can include orders which prevent an abuser making contact their victim or coming within a certain distance of their property or using or threatening violence against them. The power of arrest provides the police with the legal right to arrest anyone who disobeys the court order. The judge will often impose a prison sentence on anyone foolish enough to break such an order.
An Occupation Order relates to the living arrangements of the parties. It can remove a person from their home or restrict a person’s right to visit their home. In some circumstances the Court can order a person not occupying the property to continue to pay the rent/mortgage. In order for an application for an occupation order to be successful, the person applying for the order will usually need to demonstrate that they, or their children, are likely to suffer significant harm if the court does not make the order.
You may be eligible for Legal Aid with your expenses paid from public funds which is usual if you are dependent upon your partner's income or you are on a low income.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with you and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be necessary.