Domestic Abuse

Like most people, at Birkett Long we endorse the right of every person to live their life free from abuse and believe that abuse should play no part in a healthy relationship. 

Unfortunately, the reality is that domestic abuse remains prevalent, with annual statistics showing an upward trend in reports of domestic abuse incidents. It is also an issue that, sadly, often arises when dealing with relationship breakdown.

Our dedicated team of specialist solicitors is here to support and help victims of domestic abuse and their children to get the protection they need from possible abuse by their partners, ex-partners or other family members. 

What exactly classifies as domestic abuse?

Domestic abuse can be defined as any incident or course of behaviour between those aged 16 or over who are personally connected to each other, which is considered to be abusive. A behaviour is considered abusive if it includes any of the following:

• physical or sexual abuse
• violent or threatening behaviour
• controlling or coercive behaviour
• economic abuse, and/or 
• psychological, emotional or other abuse.

Legal options for those affected by domestic violence

At Birkett Long our specialist family solicitors are able to provide sensitive, fast, effective advice that addresses any issues involving domestic abuse, whether you have experienced domestic abuse yourself or whether you are alleged to have been abusive. This includes:

• making or defending applications for protective injunctions such as;
• non-molestation orders
• occupation orders
• protection from harassment act injunctions
• arrangements for any children  
• divorce
• finances

Protection from domestic abuse

There are two types of court orders applicable in these situations. Our solicitors will advise which would give you the best protection in your circumstances.

The court can make one or both of the following orders:

Non-molestation order

This restrains someone from using or threatening violence to a person or child, or from molesting them. It can also restrain someone from instructing, encouraging, or in any way suggesting, that any other person use or threaten violence against a person.

Occupation order

This says who can live in the family home and who might have to leave for a period of time in order to provide protection for the remaining person and their children. The actual terms of the order can be wide-ranging. 

It does not matter if a person does not own the home in which they live. The court can support them by making an order to say that they can remain there. And if a person is unable to get back into their home because they have been locked out, the court can order that they be allowed back into the house to carry on living there.

If the home is rented the court can transfer the tenancy into the name of someone at risk of abuse, even though it may have originally been in their partner’s name..

How long do orders last?

This depends on the court but experience shows that they can last weeks, months, or for a year or more.

Our solicitors are accredited by the Solicitors Regulation Authority and Resolution - an organisation of family law experts who work with families and individuals to resolve disputes in as constructive a way as possible. We have years of experience in this area of work and specialise in providing advice and representation in situations of abuse.