Article published by Ayeisha Khandia, Head of Family Law at Fountain Solicitors on 09.12.2015
The definition of domestic abuse is very wide. It does not just cover actual violence such as slapping, punching and kicking but also includes threats, intimidation, sexual abuse, emotional abuse and even financial abuse.
Protection against domestic abuse is one of the areas that is still covered by Legal aid. You can seek advice from Specialist family solicitors, such as Fountain Solicitors in Walsall in respect of these matters.
Your solicitor can send a warning letter to the person who is threatening or harassing you if this is safe to do so. If you are worried that you would be at risk of immediate harm if a letter was sent then we are also able to make an application to the court for a non molestation order. This is an order made by the court, usually without even having to see you provided that the paperwork is properly prepared. This is why you should see a specialist such as Ayeisha Khandia and her team at Fountain Solicitors, in Walsall.
A non molestation order would protect you against violence, threats, harassment and intimidation. The order would be served upon your husband or partner or family member and , once served, any breach is treated as a separate criminal offence and they would be arrested for this.
In serious cases, the court can also make an occupation order. This is an order excluding someone who already lives at the house, such as your husband or partner, from the house and prevents them from returning for a specific period, normally up to a year.
You should also be aware that if you do not take steps to protect yourself from abuse and you have children in the household who witness this abuse, they are at risk of suffering emotional harm. Social services could become involved and, in serious cases. Ayeisha Khandia of Fountain Solicitors, in Walsall says ” I have known the Local authority Childrens Services to remove children into care when the (usually) mother refuses to take action against the perpetrator of violence and the children are continuing to witness this”.
It is important to seek advice at an early stage in respect of these matters and not to continue to suffer in silence.
These cases require detailed knowledge of the law and procedure and an ability to take urgent action on behalf of your client and prepare your case ready for trial within a very short space of time.
If you require assistance in Family Law, Immigration, Asylum, Personal Injury, Welfare Benefits, Landlord and Tenant, Debt, Wills and Employment Law, please telephone 01922 645 429 or email info@fountainsolicitors.com to book a consultation or visit our website www.fountainsolicitors.com
