Domestic Violence and Injunctions
Many people suffer domestic violence from their partners and often suffer in silence. You do not have to put up with violence.Clarkes can provide help until your domestic violence situation is resolved. We can discuss ways to protect any children you may have from contact with your violent partner and even help with a separation or divorce should this be needed. Detailed below are Frequently Asked Questions (FAQ’s) for this area of law.
Q. What is domestic violence?
Domestic violence can be defined as any type of physical, emotional or sexual abuse between people in a relationship such as married couples, co-habitees or family members. It can include physical assault, sexual abuse, threats or intimidation.
Q. What are typical domestic violence situations?
Although each situation is different, typical examples of domestic violence include:
· ‘My husband hit me last night.’
· ‘My ex-boyfriend has threatened to kill me.’
· ‘My ex-girlfriend telephones me at work and follows me about in the street.’
· ‘I am frightened of my husband and I want him to leave the house.’
· ‘My partner treats our children badly and they are very frightened.‘
· ‘My wife says she has paid some friends to attack me.’
· ‘My boyfriend has smashed up all the furniture in the house.’
Q. How can Clarkes help?
At Clarkes we will use the law to help you and your children feel safe and secure rather than frightened or intimidated by your partner. We ask you to tell us about your situation and will advise you about protection you can get. We can even apply for apply for Court Orders to protect you.
Q. What is an Emergency Injunction and how can I obtain one?
Emergency injunctions are quick ways to protect a person from their violent partner. This temporary injunction can be granted on the basis of one parties account of events and the violent partner will not be present in court. Thereafter a full hearing will usually take place where both parties give evidence and the court will to decide if the injunction should continue.
Clarkes can help you obtain an emergency injunction and will give absolute priority to your concerns. If a court is available to hear your case we can often obtain an injunction within 24 hours of first speaking with you.
Q. What are Non-Molestation Orders?
A Non-Molestation Order can be obtained in cases of domestic violence and is where the can make a Power of Arrest. This provides the police with the legal right to arrest anyone who disobeys the Court Order. The Judge will often impose a prison sentence on anyone foolish enough to break such an order.
Q. How much will it cost?
Clarkes will provide full details of costs and how these are calculated at the first meeting before any legal work is undertaken. You may be eligible for Legal Aid with your expenses paid from public funds which is usual if you are dependant upon your violent partners income.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be necessary.
For expert legal help and advice on Domestic Violence and Injunctions contact a member of our Family Law team or call Clarkes on 01952 291666.
