Here at Higgins Miller we specialise in family law cases, and that often means working with clients as they go through some of the most stressful things life is likely to throw at them. This can include, divorce, dealing with a will after the death of a loved one or handling an adoption claim. All of these cases can cause a degree of stress and anxiety, but amongst the most distressing cases we deal with are those in which we have to provide advice on domestic abuse.
Offering advice on domestic abuse first entails a firm understanding of what domestic abuse actually is. Many people misunderstand domestic abuse to the extent that they think it always involves physical violence and is only perpetrated by men on women. Although the majority of domestic abuse is carried out by men, it I also possible for women to abuse their partners, and we’re equally happy offering advice on domestic abuse in both cases. The idea that domestic abuse is always physical in nature is completely wrong, however, and our advice on domestic abuse is that someone can be a victim of domestic abuse without any physical violence taking place at all.
In legal terms, domestic abuse is defined as any incident or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse between individuals who are associated with each other. The violence or abuse in question can be physical, psychological, financial, emotional or sexual. Cases of domestic abuse are dealt with under both civil and criminal law and the definition of individuals who are associated with each other covers the following cases:
- People who are married or in a civil partnership
- People who have agreed to marry or enter into a civil partnership
- People who have lived together in the same household as a couple
- People who have had an intimate personal relationship of a significant duration
- People who are related to one another, such as nieces, nephews, cousins, aunts, uncles, parents, siblings or children
- People who share parental responsibility for the same child
When people contact Higgins Miller for advice on domestic abuse our emphasis in the first instance is on ensuring their safety as much as it’s possible to do so. This might mean pointing them in the direction of organisations who can help them find somewhere safe to stay, or else explaining how they can stay in their home and get the perpetrator of domestic violence to leave. We can also offer advice on domestic abuse around reporting the abuse in question to the police, and what kind of legal action can be taken. If you need to leave your home, even if it is temporary, then you might be able to seek shelter with a family member or friend. If not, you could try to get a place in a refuge, seek emergency housing from the local authority under homeless person’s law or try to find privately rented accommodation. All of these options can be much more complicated than they at first sound, of course, and so our advice on domestic abuse will centre on the kind of legal action which can be taken to ensure that you get the right to stay in or move back to your own home.
In the first instance, you may have reported the domestic violence to the police. Luckily, most modern police stations now have a Domestic Violence Unit or Community Safety Unit staffed by officers specially trained in dealing with domestic violence and abuse. The police will decide, when you report the domestic abuse, whether to arrest the perpetrator. If they do, they may set conditions upon releasing them on bail which include not returning to your home. If no such conditions are set, or the police choose not to arrest the perpetrator, it is still possible to take legal action aimed at protecting yourself.
In some cases the police will issue a Domestic Violence Protection Notice. This will protect you for 48 hours, and if the police still think you are in danger after this period they can apply to the magistrate’s court for a Domestic Violence Protection Order. Under an order of this kind the perpetrator is banned from returning to the home or making contact. If they don’t comply with the Order they can be arrested and brought before the court. An Order of this kind lasts for up to 28 days, during which time you can seek advice on domestic abuse from the legal experts at Higgins Miller as well as local authorities and charities which specialise in dealing with issues of domestic abuse.
Other court orders which we could help you to apply for include the following:
- A non-molestation order – this prevents the perpetrator from harming or threatening you
- An occupation order – this forces the perpetrator to leave your home and forbids them to return
Applying to the courts for orders such as these may seem daunting, but the advice on domestic abuse which we offer is designed to make the process seem as accessible as possible. We speak in plain English rather than legalese and we offer things such as a free twenty minute appraisal and a fixed fee first appointment to help calm any worries about spiralling legal bills. On top of this we are one of the few solicitors to still offer Legal Aid services, and our advice on domestic abuse will include pointing out that Legal Aid is still available for people involved in domestic abuse cases who aren’t able to pay all of their legal fees. We believe that all of our clients who need it should be able to gain legal protection from domestic abuse, and our advice on domestic abuse will include detailed explanations of the criteria for Legal Aid in terms of income, and the evidence of domestic violence which you can present when making a claim for Legal Aid.
If you’d like to find out more about seeking advice on domestic abuse please call us on 0161 429 7251 or email us at [email protected]. We’ve recently passed our Cyber Essential accreditation, something which demonstrates our forward-thinking attitude and determination to remain ahead of the competition. The first 20-minute appraisal is provided free of charge, and we’ll give you the first appointment for a fixed fee, so you don’t have to worry about how much our advice is going to cost. If you want to explore our wider charging system then please take a look here.