Domestic Abuse Legal Advice
Practical and sensitive legal advice to help protect you and your family from domestic abuse and understand the options available to you.
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Domestic abuse can take many forms and does not always involve physical violence. It can include threatening behaviour, controlling or coercive behaviour, economic abuse and psychological or emotional abuse, as well as physical or sexual abuse. The law recognises abuse between people who are personally connected, including current or former partners and certain family members.
If you are experiencing domestic abuse, obtaining early legal advice can help you understand the steps available to protect yourself and, where relevant, your children. This may include applying to the Family Court for an injunction, addressing who can live in the family home or considering how domestic abuse affects arrangements for children, separation, divorce and financial matters.
DTM Legal’s Family Law team has experience supporting individuals and families affected by domestic abuse. We recognise that every situation is different and will take the time to understand your immediate concerns, your wider circumstances and the outcome you are seeking before advising on the most appropriate course of action.
Domestic Abuse Legal Services
We can advise on the immediate legal protections available to you as well as wider Family Law issues arising from an abusive relationship.
Our services include:
- Applications for Non-Molestation Orders to protect you or a child from abuse, threats, harassment or unwanted contact
- Applications for Occupation Orders dealing with who can live in or return to the family home
- Urgent and, where appropriate, without notice applications where protection is required quickly
- Applications to vary, extend or discharge existing Non-Molestation or Occupation Orders
- Advice where domestic abuse affects arrangements for children
- Advice on separation, divorce or civil partnership dissolution involving domestic abuse
- Advice where controlling behaviour or economic abuse has affected financial arrangements
- Support in understanding how Family Court proceedings may interact with police or other safeguarding involvement
- Advice on practical next steps following separation from an abusive partner
Why Instruct DTM Legal?
Where domestic abuse is involved, legal advice needs to take account of more than the immediate court process. Your safety, the wellbeing of any children, your home, access to finances and the practical realities of separating from another person may all need to be considered together.
Our Family Law solicitors will explain your options clearly and help you decide what action is appropriate for your circumstances. Where urgent protection is required, an application for a Non-Molestation Order or Occupation Order can in some circumstances be made without giving the other party advance notice. Where matters are less immediate, we can help you plan the next steps in a way that takes account of your longer-term position.
We also understand that domestic abuse can continue or develop after a relationship has ended. Where there are connected issues involving children, divorce, property or financial arrangements, we can help ensure these are approached with an understanding of the history of the relationship and any ongoing risk.
We provide:
- Sensitive and confidential legal advice
- Clear explanations of the protections available through the Family Court
- Prompt advice where urgent action may be required
- A practical approach based on your individual circumstances
- Advice that considers children, housing and financial issues alongside immediate protection
- Support throughout applications and Family Court proceedings
Get in Touch
If you are experiencing domestic abuse or are concerned about your safety or the safety of your children, early legal advice can help you understand the protections and Family Law options available.
To discuss your requirements, contact us by emailing family@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.
Request a Consultation
Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.
Frequently Asked Questions
Commonly asked questions about domestic abuse legal services.
- What is classed as domestic abuse?
- How quickly can I obtain a Non-Molestation Order?
- What is the difference between a Non-Molestation Order and an Occupation Order?
- How can domestic abuse affect arrangements for my children?
- Do I have to attend mediation with an abusive former partner before going to court?
Domestic abuse does not have to involve physical violence. Under the Domestic Abuse Act 2021, abusive behaviour can include physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse and psychological, emotional or other abuse. It can consist of a single incident or a pattern of behaviour.
This means behaviour such as controlling access to money, repeatedly monitoring someone’s movements, isolating them from friends and family, intimidation or persistent unwanted contact may be relevant even where there has been no physical assault.
Where there is a need for urgent protection, it may be possible to ask the Family Court to consider an application without first notifying the other person. Whether this is appropriate will depend upon the individual circumstances and the reasons why advance notice should not be given.
Your solicitor can assess the urgency of the situation, help prepare the application and supporting witness statement and explain what will happen once the application has been considered. There is currently no court fee for applying for a Non-Molestation or Occupation Order.
A Non-Molestation Order is intended to protect you or a relevant child from abuse or harassment. Depending on its terms, it may prevent another person from contacting you, threatening you, approaching you or coming near your home.
An Occupation Order deals specifically with the family home. It can determine who should be entitled to live in or return to the property and may restrict another person’s occupation of the home or surrounding area. The appropriate order will depend on your relationship to the other person and your circumstances.
The safety and welfare of children are central considerations where domestic abuse is raised in Child Arrangements proceedings. The Family Court must consider allegations or evidence of domestic abuse and the potential risk of harm when deciding whether a Child Arrangements Order should be made and what its terms should be.
Domestic abuse does not therefore need to have been directed physically towards a child to be relevant. Children can be affected by seeing, hearing or experiencing the consequences of abuse between adults in their household.
Our Family Law team can advise on protective measures alongside any application relating to arrangements for children.
Not necessarily. Although attending a Mediation Information and Assessment Meeting – commonly known as a MIAM – is normally required before certain Family Court applications, exemptions are available. These include circumstances where appropriate evidence of domestic abuse exists and certain urgent situations where there is a risk to an individual or child.
If you are concerned that mediation would be unsafe or inappropriate, speak to a Family Law solicitor before making an application. They can advise whether an exemption may apply and what supporting information may be required.
Related Insights
Family Procedure Rules in Domestic Abuse Cases
Economic Abuse in Financial Remedy proceedings
Occupation Orders Explained