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Domestic Violence

Domestic Violence

Helping you through the tough times

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

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

However, we have a very experienced family team. They 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.

Where actual violence has been used against you, we may be able to seek an emergency protective order at very short notice.

This will prevent the person from approaching you or your home again as a custodial sentence is always considered by courts if there is a breach a court order.

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 this 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 a protective order through the family court 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.

The second option of a Family Law Protective Order becomes possible if the police are unwilling to take any action on your behalf.
Clearly, the greatest protection you can receive is via the police as they have vast powers to act immediately.

So, if the person is arrested, then the police have the power to request that the Criminal Courts remand that person into custody or alternatively impose bail conditions to prevent that person from contacting you or your children or coming near your home.

In the event the police are unwilling to take any action on your behalf, then you have the above second option to make an application to the Court for a family law protective order.

This is also referred to as a non-molestation order.

If there has been recent violence used, then this application may be made straight away and on an emergency basis and without notice being given to the other person.

In certain circumstances, if the person harassing you refuses 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 vacate the property.

Should the police take action on your behalf, it may be in the first instance they may warn the person with regard to their behaviour.

If that person subsequently causes you further harassment, then it is essential that you re-contact the police to make a further complaint.

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 a restraining order preventing them from contacting you, your home or anywhere else they deem appropriate, normally for a fixed period of time (which can run into years).

If a person breaches a Restraining Order, this is a very serious matter which 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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