LEGAL EAGLE: An abusive partner? The law and your rights to take action

When suffering domestic abuse, there are different types of orders you can obtain from the court for immediate protection. Two are used in the family courts in domestic abuse cases, a Non-Molestation Order and a Occupation Order.

My partner has become abusive and I am scared things are only going to get worse. They’ve told me that I cannot leave them and I am scared of what would happen if I did – what can I do?

Firstly, you should seek help from a domestic abuse organisation such as Women’s Aid or Refuge. This will provide you with the immediate support and advice you need. Any discussions they have with you remain confidential to ensure that your partner or anyone else does not know that you are working with them. You may be encouraged to obtain legal protection from the court.

There are different types of orders you can obtain from the court for immediate protection. Two are used in the family courts in domestic abuse cases, Non-Molestation Orders and Occupation Orders. Legal aid can cover the funding of representation for you, regardless of your income, subject to possible contributions.

Non-Molestation Orders are a type of Order which can prevent your partner from contacting you or coming near you for a certain period of time – usually 6 or 12 months. Breaching this is a criminal offence, and can lead to a fine, imprisonment or both.

An Occupation Order is an order forcing them to leave or remain out of your home – similarly this is usually for 6 months. However, the Court only grants this if it agrees that more harm would be caused by the Order not being granted.

Once these protective measures have been put in place, if you were married or in a civil partnership, or had joint assets or children there are further steps you may want to consider taking. These include a divorce / dissolving the civil partnership, dividing your joint finances, or regulating contact arrangements with your children. If you have previously obtained a Non-Molestation Order, Occupation Order, or have been working with a domestic violence organisation this means you may be entitled to legal help or legal aid for your case. You must also prove that you are receiving universal credit, be on a low-income, or be in receipt of other certain benefits.

If you have been struggling to leave your abuser, or you would like advice on how to do so and your options when you do please get in touch on 0191 565 3112 or email [email protected] – we will be able to help obtain protection for you and refer you to the appropriate support services to ensure that you receive the help you need. Visit www.benhoarebell.co.uk for further information.