Domestic Abuse Solicitors – 174 Family Law
Your safety is our priority. We offer rapid, non-judgmental legal protection and empathetic guidance to help keep you and your children safe from harm.
Can I get legal aid to apply for a protective order?
Yes. Legal aid is available for non-molestation and occupation orders. Victims of domestic abuse can often get legal aid even if their income or savings would normally put them over the limit. Contact us and we’ll quickly check whether you qualify or check out our legal aid assessment tool
What orders can protect me?
The two main orders are:
- A non-molestation order, which stops the other person using or threatening violence, harassing or intimidating you, or contacting you.
- An occupation order, which decides who can live in the family home. It can remove the abuser from the home or keep them away from the area around it.
We’ll advise you on which order, or combination, fits your situation.
Can I get an order urgently, without the other person knowing?
Yes. If you’re at immediate risk, the court can make an emergency order “without notice”, which means the other person isn’t told about the application beforehand. Orders can often be made the same day or the next day. A further hearing is then held where they can respond.
What if my ex wont comply with the order made?
Breaching a non-molestation order is a criminal offence. The police can arrest the person, and the maximum sentence is five years in prison. If an occupation order is breached, you can go back to court, and a power of arrest may be attached to the order. If you’re in danger, always call 999.
Will this affect arrangements for my children?
It can. Family courts treat domestic abuse very seriously when deciding arrangements for children, and the child’s safety and welfare come first. Where abuse is raised, the court must think about the risk to you and the children before making any order. Contact with the other parent may be supervised, take place at a contact centre, or be indirect (for example letters or video calls). In some cases the court may stop contact altogether. A protective order can also include your children. If you have evidence of domestic abuse, you may be able to get legal aid for child arrangements proceedings as well.
What constitutes as Domestic Abuse?
No one should suffer through a relationship with a violent partner. Domestic abuse comes in many forms and does not necessarily need to include physical violence. Domestic Abuse can be classed as:
Understanding Domestic Abuse
No one should suffer through a relationship with an abusive partner. Domestic abuse isn’t limited to physical violence: it includes controlling behaviour, emotional or financial abuse, manipulation, coercive tactics, and constant intimidation. You do not need to feel embarrassed or ask yourself how this happened.
At 174 Family Law, your safety and peace of mind come first. Our expert family solicitors provide non-judgmental, considerate, and rational support to help protect both you and your children. We act swiftly to put effective legal measures in place so you can feel safe again.
To speak to one of our expert family lawyers you can call us on 0151 8 32 32 53
OK, I think I'm experiencing Domestic Abuse - how can you help?
Seek Legal advice
We will need to understand whether or not there has been police intervention, if not, then this will have to be sought before “Legal Aid” can be applied for in order to cover your legal costs of any applications to be made. Alternatively, we will look to agree the most cost-effective strategy that works for you.
Do you require emergency protection?
We will take your instructions, to fully understand the protection levels you require, and eligibility for legal aid, to consider whether or not a warning letter or urgent application to court is required. This will include looking at the risk of significant harm, whether you may be deterred or prevented from pursuing the application if an order is not made immediately and also whether your ex may be deliberating evading service once issued, and you or your child would be seriously prejudiced by any delay.
Warning letter to your partner
Where immediate Court intervention is felt “too extreme” at this time, our legal experts can construct a warning letter advising your partner (ex or present) to refrain from the unacceptable behaviour and/or even leave the property voluntarily. Sometimes this is a necessary pre cursor to your legal aid.
Urgent application to Court
If you’re at immediate risk, we can apply to the court for an emergency protective order, a non molestation order, often on the same day, without the other person being told in advance. We’ll take a detailed statement from you, gather any evidence such as messages, photos or police reports, and prepare the application for you. We can also help you apply for emergency legal aid and keep your address confidential if needed. If you are in immediate danger, call 999.
Notifying your ex of the "Interim Injunction"
For the Injunction to be valid, the Order must be “personally served”. We will instruct an agent to hand the order to them advising them of it’s contents and consequences of breaching it’s terms to include imprisonment for an arrestable offense. If we are unable to serve personally then the court can consider alternative methods for serving the application.
Obtaining Final Injunction Order
We will represent you in Court to advocate your position to seek a long-term (~12 months) protective Order which can include, excluding your ex from the family home by way of an Occupation Order to provide you with some time and space to consider your future options with a clear head. As before, this Final Injunction Order will need to be personally served before it is valid a copy served on the police.
