Domestic Violence

Helping you through the tough times

If you are being physically, emotionally abused or attacked by your partner or someone else who lives in your home, you have a right to have them stopped by law.

At James Murray Solicitors we understand that anyone victimised in such a manner may be very frightened or worried about contacting the authorities.

However, we have a vastly experienced team who promise to treat your case with compassion and give you confidential advice, no matter what you have been through.

We can help you find a safe refuge to live at if you have to leave the family home and can seek an emergency court injunction at very short notice in circumstances where actual violence has been used against you to prevent the person from approaching you or your home again.

Even if you have not yet been the victim of domestic violence, but have reason to fear for your own safety, our team can offer you help and advice on what to do next to protect yourself.

Harassment

Family Law can assist you with harassment from any family member and extends to your partner if you have lived together or have a child together. If you are caused harassment, alarm or distress by the behaviour of your partner this could be sufficient for you to obtain an injunction through the family proceedings courts or a restraining order through the criminal courts.

If you are being harassed, there are two possible solutions to such difficulties. The first option, which you are duty bound to explore, is whether the police can protect you under the Protection from Harassment Act. If you have suffered a violent incident or been subject to behaviour that amounts to harassment, then you should contact the police and insist that they take a formal complaint from you. In the event that the police are unwilling to take any action on your behalf, then you may be entitled to a Family Law Injunction.

Clearly, the greatest protection you will receive is via the police, should they pursue a complaint on your behalf. If the person is arrested, then the police have the power to request the Court to remand that person into custody or alternative impose bail conditions upon them which would prevent that person from contacting you or your children or coming near to your home.

In the event the police are unwilling to take any action on your behalf, then you may be able to make an application to the Court for an injunction. This is also referred to as a non-molestation order. If there has been recent violence used, then this application may be made on an emergency basis and without notice being given to the person who is harassing you. In certain circumstances, if the person harassing you is refusing to leave your shared property, we may also be able to apply for an occupation order on your behalf which would enable you to stay in the home and order the other person to leave.

Should the police take action on your behalf, it may be in the first instance they will warn the person with regard to their behaviour. If that person subsequently causes you further harassment, it is essential that you re-contact the police and make a further complaint and insist that criminal charges are brought against them. Should a person be brought before the Court for an offence of harassment, then the Court has the power to make an order restraining them from contacting you, your home or anywhere else they deem appropriate for a fixed period. These offences are viewed very seriously and if a person breaches a Restraining Order then this often results in a period of imprisonment.

If the person harassing you has not been a family member or a partner then you may be entitled to a civil injunction and a member of the civil team at James Murray Solicitors would be able to advise you further on this.

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