The “She” In The Know: Domestic Violence and Your Legal Rights

The history of domestic violence, in particular domestic violence against women, is quite old.

And unfortunately, even to this day, incidents of domestic violence against women continue in all cultures and all countries—with UK being no exception.

According to one estimate, domestic violence affects one in four women in the UK.

These are no small numbers.

Fortunately, there are provisions in the UK law enacted to protect women who suffer from these acts of violence.

This legal guide has been designed for the female victims of domestic violence, and aims to educate them about their rights and how they can seek protection from such activities under law.

But before we get into the details of that, it’s important to understand what domestic violence actually is.

As the UK government defines…

Domestic violence is:

any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. 

There are many different types of domestic violence. This includes, but not limited to:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Psychological abuse
• Financial abuse

Coming to the primary discussion, as a victim of domestic violence, you can apply for two types of injunction in the Family Court to protect yourself:

• an occupation order
• a non-molestation order

Protecting yourself from domestic violence through an occupation order

An occupation order is sought in cases where you want to exclude the abuser from your home. When deciding whether to issue the order, the court will consider:

• The housing needs of you and your abuser
• Your financial competencyas well as of your abuser’s
• The behaviour of you both towards one another
• The likely effect of the order on the relationship that exists between you and your abuser

Protecting yourself from domestic violence through a non-molestation order

A non-molestation order is sought to prevent the oppressor from being violent, abusive or intimidating towards you. Your abuser can live with you, but they cannot harm you in any way – physically or emotionally.

To successfully apply for a non-molestation order, you must submit all the evidences that show how your security, health or well-being would be at risk if the ruling is not passed in your favour.

Whether you are interested in applying for an occupation order or a non-molestation order, we would strongly advise you to consult a family law solicitor before proceeding with your application. The solicitor would be able to guide you better in your application process.

Where an order is issued by the Family Court and your abuser doesn’t follow, you can always ask the court to enforce the injunction onto your abuser. This means your abuser will now be facing criminal proceedings from the court.

Looking for a solicitor to apply for an injunction against your abuser?

Feel free to reach out, Wembley Solicitors will feel privileged to represent your case at court.