Domestic violence occurs when one person harms another person with whom they have (or have had in the past) some sort of relationship. The people involved do not need to be married, heterosexual partners or live in the same property. Both women and men can experience domestic violence and the abuse can happen at any time. Sadly children can suffer from domestic violence too.
Domestic violence or abuse can be any behaviour which is meant to hurt or frighten. It can involve physical, sexual, psychological and emotional abuse and financial or social isolation and controlling behaviour. Examples include calling you names, playing mind games, humiliating you, controlling who you see, what you do and where you go, threatening to take the children away or to hurt them, using economic control such as preventing you from getting a job, controlling the amount of money you have or that is given to you, etc.
We at Percy Short & Cuthbert understand how difficult it can be seeking legal advice when things go wrong in a relationship, especially when one partner becomes violent towards the other. We respond quickly to requests for advice in cases of domestic violence and will discuss with you your needs and consider how to protect you and, if appropriate, any children involved.
For example, an application for an injunction may be made to the court in an emergency to protect you and your children from the abuser’s use of violence or other forms of molestation. This is known as a Non-Molestation order. If necessary, an emergency application can also be made to have the abuser removed from the family home, providing you with immediate and effective protection. This is known as an Occupation Order. It can be made very quickly and without the abuser knowing about it initially. Disobeying a Non-Molestation order is a criminal offence and the police have power to arrest the abuser and take him or her back to court. This is known as a Power of Arrest and can be attached to Occupation order too.
As well as obtaining legal protection for you, we can give legal advice in relation to your children including maintenance, the family home and rights of occupation, and other legal issues.
Please contact Shobha Naik on 020 7700 0265.