A recent ruling by the High Court may have established a precedent that could lead to the courts taking a less generous approach when dealing with spousal maintenance in divorce settlements. The ruling was made in the case of Waggott v Waggott. Mrs....
The period when a person is planning or making their exit from a relationship can often be the time when they are most at risk of domestic violence.
There is no exhaustive definition of domestic violence but it includes physical, sexual, psychological or financial violence that forms a pattern of controlling behaviour. It also includes threats to carry out such abuse.
What is involved?
If you are experiencing domestic violence of any kind, our sympathetic and experienced family solicitors can provide you with advice and support about your particular situation and talk to you about applying to the court for an injunction.
There are two types of injunction that can be sought to protect you:
Non-molestation injunction: this is an order to prevent violence or threatening behaviour and any form of intimidation or harassment. It can also prohibit specific behaviour such as telephone or text messages. The order can be for a defined period of time, usually six months initially but can be extended.
Occupation Order: this is an order relating to the family home. Occupation orders can be made to exclude someone from the family home and a defined area around the home and suspend their right to occupy it; permit a person who has left to return to the family home. An order can also be used to regulate occupation of the family home.
If you are in imminent danger non-molestation orders (and in exceptional cases, occupation orders) can be granted urgently on the same day applied for. A power of arrest will automatically attach to a non-molestation order and can be attached to all or part of an occupation order meaning that, once served the police can make an arrest if they have cause to suspect that there is a breach of the order. A breach of the order is a contempt of court which can result in a prison sentence by the civil court, breaching an order is also now a recordable criminal offence.
Why we are different
Our Enfield solicitors have handled many hundreds of successful applications for injunctions and are able to act quickly and sensitively where necessary to make sure your problems are addressed safely.
Your Next Step
For more information, call us today on 0208 882 9850