If you have experienced violence, threats, intimidation or controlling behaviour within a relationship, you may be unsure how to leave safely, protect your children, or what steps can be taken to prevent further abuse.
It is crucial to know that legal protection may be available through the Family Court. Depending on the circumstances, it may be possible to obtain orders preventing further abuse, restricting contact, and determining who can remain in the family home whilst longer-term arrangements are put in place.
Our family law solicitors regularly represent individuals who have experienced domestic abuse. We can advise you on the options available, help you obtain urgent protection where necessary, and work with you to develop a careful plan that takes account of your safety, your living arrangements and your longer-term objectives.
Your Options Following Domestic Abuse
Legal protection may be available through the Family Court, including:
- Non-Molestation Orders – restricting another person’s behaviour and providing protection from domestic abuse. Breach of a Non-Molestation Order is a criminal offence.
- Occupation Orders – dealing with occupation of the family home and, in some circumstances, requiring a person to leave the property.
- Forced Marriage Protection Orders – protecting individuals who are being forced into a marriage or are at risk of being forced into a marriage.
In urgent situations, we can prepare and submit applications to the Family Court at very short notice where immediate protection is required.
How Our Domestic Abuse Solicitors Can Help
Domestic abuse cases often involve more than obtaining a court order. Individuals may need advice about leaving a relationship safely, arrangements for children, occupation of the family home and the practical consequences of separation. We can help you understand the options available and develop a strategy tailored to your circumstances.
Led by Sobiah Hussain, our family law solicitors regularly prepare applications for Non-Molestation Orders, Occupation Orders and other protective measures. These applications often require detailed witness statements addressing the history of the relationship, the incidents relied upon, and the specific protection being sought. We take a careful and considered approach, ensuring that applications are supported by the strongest available evidence and, where urgent protection is required, can act quickly to seek the court’s intervention.
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Meet the teamProtective Orders and Related Issues
Domestic abuse is not limited to physical violence. The Family Court recognises a much wider range of behaviours, including threats, intimidation, harassment, coercive and controlling behaviour, emotional abuse and financial control. In some relationships, the behaviour develops gradually over time, leaving the individual affected feeling isolated, dependent or frightened of the consequences of leaving.
The court will consider the overall pattern of behaviour and its impact on the individual concerned. Behaviour does not need to result in physical injury before the court is prepared to intervene and provide protection.
A Non-Molestation Order is designed to protect an individual from domestic abuse by placing restrictions on another person’s behaviour. The order may prohibit violence, threats, intimidation, harassment or go wider and prevent any contact.
The court can tailor the terms of the order to the particular circumstances of the case, for example by permitting contact in a specified way. Breach of a Non-Molestation Order is a criminal offence and can result in arrest and prosecution.
When preparing an application, we carefully consider the evidence available and the specific protections being sought. In urgent situations, it may be possible to apply for a Non-Molestation Order at very short notice, including in some cases without the other person being notified before the court considers the application.
An Occupation Order deals with occupation of the family home and can determine who is entitled to remain at the property. Depending on the circumstances, the court may restrict access to parts of a property or require one person to leave the home altogether.
Occupation Orders are often sought alongside Non-Molestation Orders where there are concerns about an individual’s safety or wellbeing. The court will consider a range of factors, including the housing needs and resources of the parties, the impact on any children, and the likely consequences of making or refusing the order.
In urgent situations, it may be possible to apply for an Occupation Order at very short notice where immediate protection is required.
A Forced Marriage Protection Order is designed to protect an individual who is being forced into a marriage or is at risk of being forced into a marriage. The court has wide powers and can make orders against family members or others involved in arranging or facilitating the marriage.
The terms of the order will depend on the circumstances of the case and can be tailored to provide the protection required. In urgent situations, it may be possible to apply for a Forced Marriage Protection Order at very short notice where immediate protection is required.
Domestic abuse often gives rise to wider family law issues. Individuals may be considering separation, making arrangements for their children, or addressing concerns about the family home and finances.
Allegations of domestic abuse can also have a significant impact on Family Court proceedings involving children. The court will carefully consider any allegations raised when deciding what arrangements are in a child’s best interests.
Our family law solicitors can advise on both the immediate protections available and the wider issues that often arise following the breakdown of a relationship.
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Irrum Shah
Senior Associate Solicitor
Alison Page
Senior Associate Solicitor
Emma Macdonald
Chartered Legal Executive
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