Injunctions and Domestic Abuse

Sadly, domestic abuse can occur in many relationships. The abuse can be physical, but it can also cover situations where there has been psychological or emotional harm.

We can assist you if there is or has been domestic abuse in your relationship and we can seek appropriate orders from the court in such circumstances to protect you and your children

Where there has been domestic abuse, it is possible to obtain a number of civil orders through the family courts. The most common are:

  • a Non-Molestation Order – an order prohibiting further abuse, molestation or harassment. This can cover abuse towards an adult or towards children, and
  • an Occupation Order – an order regulating the occupation of the family home, and where necessary excluding the perpetrator of the abuse from the home.

Very often, these emergency orders are applied for on a “without notice” basis, i.e. so that your partner will not receive any warning that you have made the application to the court, to ensure that your safety is protected.

The ramifications for the family where there has been domestic abuse can be profound.

We will first seek to ensure your safety – once this has been achieved, we will be able to advise you in relation to all aspects of your separation, including arrangements for your children and financial matters.

We have close links with local counselling services and domestic abuse support services, so we can signpost you to the appropriate support services.

Emergency Children and Financial Remedies

We are often called upon to make emergency applications in relation to children or financial issues upon divorce and separation.

In relation to children, this can include:

  • prohibited steps applications – for example, to prevent the removal of a child from the country or to prevent the other parent from taking a particular step
  • Hague Convention applications – to obtain the return of an abducted child, and
  • wardship applications – to protect a child.

In relation to financial issues, we are frequently called upon to assist in:

  • maintenance pending suite or interim maintenance applications- to seek urgent financial support from the other party (this can include support for legal fees)
  • applications to set aside under section 37 Matrimonial Causes Act 1973 – where one party has sought to put an asset beyond the reach of the other party, and
  • freezing applications – to preserve assets where there is a danger they may be dissipated.

Where an emergency application is required, we often enlist the support of a specialist children barrister or a specialist financial barrister to assist with representation in court.

Get in touch

We are here to help.

We offer meetings in our offices or online to suit you. To make an initial appointment please click here and complete the contact form, or if you would rather speak to a member of our friendly team directly please call 01243 769001.

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