Domestic Abuse

It is a common misconception that abuse must be physical for it to be considered as a case of domestic abuse. In fact, domestic abuse can take many forms.

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What is Domestic Abuse?

At DTM Legal, we understand that recognising you are in a domestically abusive relationship can be an extremely difficult first step and taking action to tackle the abuse even more so.

Domestic abuse is a crime, and this includes coercive and controlling behaviour. The police can and should take protective and preventative steps to help and should be a first port of call to provide emergency protection from harm.

What action can you take against Domestic Abuse?

Advice should also be taken from a specialist family lawyer. We can offer support and practical guidance to help formulate a plan to remove you and any children involved from a potentially dangerous situation.

Part of that plan will be to consider what protective Court Orders can be obtained.

There are two types of main types of Orders that the Court can make:

Non-Molestation Order

A Non-Molestation Order prevents someone from using or threatening violence, pestering or harassing a person. It can also stop someone from instructing, encouraging or in any way suggesting that any other person do any of these things.

Breach of a Non-Molestation Order is a criminal offence and any person in breach can be arrested and punished by up to five years in prison.

Occupation Order

An Occupation Order determines who can and cannot live in the family home. The actual terms of the order will be tailored to your circumstances and can be wide ranging. A person could be required to vacate the property or prevented from returning or the Court may regulate how they occupy the property such as by preventing them from entering certain areas of the home.

Even if you do not own the family home, you may still get an Order allowing you to remain there so taking early specialist legal advice is vital.

Seek legal advice regarding Domestic Abuse

At DTM Legal,  we have significant experience helping people and their families experiencing domestic violence and recognise the harmful impact of controlling and coercive behaviour. Whilst our priority is given to ensuring safety through obtaining the necessary Court Orders, we also understand the consequences of abusive relationships and work closely with counsellors and other providers of therapeutic services to help clients and their families.

Often in domestic abuse cases there are a number of related considerations such as child arrangements or divorce and dissolution. Visit our Family Law page to view more information on our services.

Please get in touch if you wish to confidentially discuss your own position and concerns.  For further advice contact Helen Davies on 01244 568635 or email at helen.davies@dtmlegal.com.