Lodders’ team of specialist family law solicitors understand that domestic violence can happen to anyone, whether you are male or female, younger or older, wealthy or of limited means. Our team based in Birmingham and Stratford upon Avon provides a sympathetic understanding of your circumstances and guides you through the process in order to protect yourself and your children.
If you are living with a partner or are married and you are experiencing domestic violence, which could consist of physical, sexual or psychological abuse, including threats of harm, you are entitled to seek the protection of the Court through an injunction. This is called a Non-Molestation Order and is intended to prohibit someone from committing acts of harm, either directly or through other means. This type of injunction, once made by the Court and served upon the other side and the police, carries with it an automatic power of arrest if the terms of the injunction are breached, something that acts as a valuable deterrent.
The Court also has the power to exclude a person from remaining in or returning to a property, whether it is jointly owned/rented or not. This is referred to as an Occupation Order. In considering an application for an Occupation Order, the Court can also order, for instance, that the party excluded from a property is to pay various outgoings in relation to that property notwithstanding that he or she is not permitted to live there while the Occupation Order is in place.
If you are experiencing domestic violence and you are ready to take steps to stop the cycle of abuse, Lodders’ specialist family team are available to guide you through the process of obtaining protection for yourself and your children, and provide you with sound legal advice. We offer urgent appointments to meet with you to discuss your situation, as we believe it is vital that progress is made swiftly once you make the decision to seek protection.
Similarly, if you have been served with a Non-Molestation Order, we are here to assist you with the next steps whilst minimising the hassle involved for you. At Lodders, we understand that not every application for a Non-Molestation Order is made in good faith and you may need to defend your position.