Experiencing domestic violence or abuse can be extremely difficult, particularly when it involves someone you have a close personal or family relationship with. Understanding your legal rights and the protection available can help you take steps to protect yourself and your family.
At FMT Solicitors, our experienced Family Law team provides sensitive, practical legal advice to individuals affected by domestic abuse. We can advise on obtaining protective court orders, assist with urgent applications where appropriate and provide representation in related family law proceedings.
We understand that every situation is different and will take the time to understand your circumstances, explain your options and help you decide on the most appropriate course of action.
If you are experiencing domestic abuse and need legal advice, our Family Law team can help you understand your rights and the protection available.
Call 0333 0579048 or email hello@fmtsolicitors.co.uk to discuss your circumstances.
Domestic abuse is not limited to physical violence. It can involve a range of behaviours intended to control, intimidate or harm another person.
Under the Domestic Abuse Act 2021, domestic abuse can include:
Examples include controlling someone’s finances, isolating them from friends and family, monitoring their communications or repeatedly threatening and intimidating them.
Domestic abuse can occur between partners, former partners or family members, regardless of gender or background. Children can also be recognised as victims of domestic abuse where they see, hear or experience its effects.
Some forms of abuse can be difficult to recognise, particularly where controlling behaviour develops gradually over time. Physical violence does not need to have occurred for someone to seek legal advice about domestic abuse.
If you are experiencing domestic abuse, you may be unsure whether you can take legal action or what protection is available.
A family law solicitor can assess your circumstances, explain your legal rights and advise on the steps available to help protect you and your family.
At FMT Solicitors, we can assist with:
You do not need to have decided to separate from your partner or begin court proceedings before seeking legal advice. We can explain your options and help you understand what may happen next.
There are legal measures available in England and Wales to help protect individuals experiencing domestic abuse. The most appropriate option will depend on your circumstances, your relationship with the person involved and the nature of the abuse.
A non-molestation order is a court order designed to protect individuals from violence, threats, harassment or intimidation.
Depending on the circumstances, an order may prevent someone from contacting you, approaching your home or engaging in specified abusive behaviour. It can also provide protection for children.
To apply for a non-molestation order, you must have a qualifying relationship with the person concerned. This can include a current or former partner, spouse or certain family members.
Our Family Law team can assess your eligibility, assist with preparing the application and supporting evidence, and represent you during court proceedings.
Breaching a non-molestation order without a reasonable excuse is a criminal offence. If an order is breached, you can report the incident to the police. Our solicitors can also advise on any further legal steps available.
An occupation order regulates who can live in or occupy the family home.
In certain circumstances, the court may require someone to leave a property, prevent them from returning or restrict their access to particular areas of the home.
The court will consider factors including the housing needs and circumstances of those involved, their financial resources and the potential consequences of making or refusing an order.
You do not necessarily need to own the property outright to be eligible to apply. However, eligibility and the court’s powers will depend on your relationship to the property and the other person.
Our solicitors can assess your circumstances, advise whether an occupation order may be appropriate and assist with the application process.
Where there is an immediate need for legal protection, it may be possible to make an urgent application to the Family Court.
In certain circumstances, the court can consider an application without notifying the other person beforehand. This is known as a without-notice application.
Whether an urgent order can be obtained will depend on the circumstances and the court’s assessment of the application.
Our team can advise on the evidence required, prepare the relevant documents and assist with urgent court proceedings where appropriate.
If you are in immediate danger, call 999.
If you are experiencing domestic abuse, seeking advice can help you understand what steps may be available, even if you are not yet ready to take legal action.
Where it is safe to do so, keeping a record of incidents, threatening messages or other evidence of abusive behaviour may be useful if you decide to seek legal protection.
However, you do not need to wait until you have gathered extensive evidence before contacting a solicitor.
Specialist domestic abuse organisations can also provide confidential support, practical assistance and advice on safety planning.
Domestic abuse can affect several aspects of family law, particularly where a relationship has ended or children are involved.
If you are considering separation or divorce, our Family Law team can advise on the legal process, financial arrangements and matters relating to the family home.
Where children are involved, domestic abuse may be relevant to decisions about where they live and the time they spend with each parent.
The court must consider allegations or evidence of domestic abuse where relevant to child arrangements proceedings, with the welfare of the child remaining its primary consideration.
Our solicitors can advise on related family proceedings and help you understand how concerns about domestic abuse may affect arrangements for children.
Legal aid may be available for certain domestic abuse matters, including applications for non-molestation and occupation orders.
Eligibility depends on the type of proceedings, your financial circumstances and the applicable legal aid requirements.
Legal aid may also be available for some related family law matters where the relevant evidence and eligibility criteria are met.
Our team can discuss the funding options available and advise on the next steps for assessing your eligibility.
At FMT Solicitors, our Family Law team understands the sensitive and often complex circumstances surrounding domestic abuse cases. We provide practical legal advice and representation, taking into account each client’s individual circumstances and any concerns involving children, finances or the family home.
Our solicitor Charlotte Godwin also works with organisations supporting individuals affected by domestic abuse, including Peterborough Women’s Aid, LDASS and WeProtect.
We recognise the importance of accessing appropriate support alongside legal advice and can help clients understand the legal options available in their circumstances.
If you are experiencing domestic violence or abuse, or need advice about protective court orders or related family law matters, our team advises clients across England and Wales.
Contact FMT Solicitors on 0333 0579048 or email hello@fmtsolicitors.co.uk to discuss your circumstances.
If you are in immediate danger, call 999. For confidential support, you can also contact the National Domestic Abuse Helpline on 0808 2000 247, available 24 hours a day.
