Domestic Abuse

What is domestic abuse?

Domestic Abuse includes physical violence, sexual abuse, and a range of non-physical forms of abuse such as verbal abuse, emotional abuse, coercive control (including “gaslighting”), financial abuse and technology facilitated abuse (for example through phones, or using social media or cameras to exert control).

Domestic Abuse takes place in the context of family relationships. Often this is between spouses or partners / ex partners who have lived together, or have a child together, or have been in an intimate relationship. But domestic abuse can also occur between siblings, in-laws, and other relatives.

Injunctions from the Family Court

In domestic abuse situations the Family Court can provide protection in the form of a court order known as an injunction, or “non molestation order”, prohibiting further abuse. The Family Court can also make injunctions to control access to the family home, known as “occupation orders”, requiring the perpetrator to leave the family home and to stay away from the immediate vicinity. Injunctions can also be made requiring the perpetrator to stay away from other specific places such as the victim’s place of work, or the children’s school.

When deciding whether to make the injunction, the Judge will require evidence that domestic abuse has taken place, in the form of a written statement from the applicant. This statement may be supported by other evidence such as police records, medical records, mobile phone records and statements from other witnesses. The Judge will also need to be satisfied that the applicant or their child needs the protection of an injunction and that the intervention of the court is justified.

We’re here to help

At Cartridges we are experienced in advising clients on the legal remedies available if you or your children are at risk of any form of domestic abuse. We can help you prepare your application for an injunction on an urgent basis, draft the documents and represent you at court. We will then advise you on steps to ensure that the injunction is complied with moving forward, and how to further protect your home and finances from your abuser.

Alternatively, if you have been accused of domestic abuse and have been served with court documents then we can help you prepare your statement in response and represent you at the court hearing. In less serious cases the situation can sometimes be resolved by giving an “undertaking” or formal promise to the court to stay away from the other party, so that the matter is then brought to an early close.

Legal Aid is available for victims of domestic abuse to cover advice and court applications for injunctions and at the outset we will assess whether you are eligible.

At Cartridges we know how stressful this situation will be for you but we will be on hand to provide empathy and support throughout the process.

Further information and support can also be accessed from FearFree (for domestic abuse victims across the South West), Refuge and the National Domestic Abuse Helpline.