Domestic Violence

 

It is estimated that domestic violence affects 1 in four women and 1 in 9 men.

If you are experiencing or have experienced domestic violence there are a number of ways the law can protect you.

There is no legal definition of domestic violence. However, the Government defines domestic violence as "any incidence of threatening behavior, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality.".

In an emergency call Greater Manchester Police on 999 to obtain immediate assistance. Women's Aid and Refuge are the two national charities working to end domestic violence against women and children. They offer support and a place of safety to abused women by providing refuges and other services.

The national helpline number is: 0808 20 00 24 7. For 24 hour advice: Women's Aid and Refuge

Non - Molestation Order

A Domestic Violence Injunction (called a non - molestation order) can be applied for by anyone who is the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.

The court has the power to:

  • Forbid the abuser from molesting the person applying for the order
  • Forbid abusers from instructing anyone else to harass or intimidate or use violence against the applicant.

Breach of a non-molestation order is a criminal offence. The maximum sentence is 5 years imprisonment.

Occupation Order

They are orders which affect the rights which you and/or your (ex) partner have to the home you live in (or have lived in) together.

The court has the power to:
  • Order the abuser to move out of the home or stay away from the home
  • Order the abuser to stay a certain distance away from the home
  • Order the abuser to stay in certain parts of the home
  • Order the abuser to allow you back into the home if you have been locked out
A power of arrest can be attached to an occupation order, which means that the police can arrest the offender and take him to court.

The above orders can be used is you are associated to your abuser. You are associated if you are or were married, are or were engaged to be married, are or were living together, live or have lived together, are relatives, have a child together, or are or were in an intimate personal relationship of significant duration.

Protection from Harassment Act

If you do not fall into any of those categories, you may be able to obtain protection under the Protection From Harassment Act which makes it a criminal offence to harass someone or make them fear that violence will be used against them. The police have the power to:

  • Give the perpetrator a harassment warning
  • Arrest the perpetrator for the criminal offence of harassment

Once a person has been convicted of the criminal offence of harassment, 
the court has the power to:

  • Make a restraining order which can prohibit the harasser from doing anything specific in the order, for example communicating with you or going to places where you live or work.

Funding Your Case

At your first interview we will be able to advise you whether you are eligible for Public Funding (Legal Aid). We will need to see some proof of your income or evidence that you are in receipt of benefits.

Support

Our solicitors have extensive experience in dealing with and advising on domestic violence issues. We can work closely with support agencies and refuges in the North West to ensure that you are not alone and you are safe.

Our solicitors are members of the Law Society Family Panel, Children Panel and Advanced Family Panel.