Domestic Abuse
Please contact our specialist family law team for assistance.
Applying for Non Molestation and Occupation order proceedings
Various orders for personal protection are available to those at risk of harm and abuse. We at Charles & Co prioritise the safety and welfare of our clients and will ensure effective sign posting to agencies including the Police, charities and other organisations who provide urgent help to victims of domestic abuse.
Orders are available under the Family Law Act 1996 including
- Non Molestation order ( prohibits a named party from carrying out acts of abuse; molestation)
- Occupation Order ( regulates occupation of a Family Home).
We at Charles & Co can assist in preparation of witness statements to ensure the evidence meets the legal threshold and also provide representation at contested hearings.
DEFINITION OF DOMESTIC ABUSE
For the purpose of family proceedings, Domestic violence is defined “as any incident or pattern of incidents of controlling, coercive or 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.
This definition includes psychological, physical, sexual, financial or emotional abuse. Controlling behaviour means an act or pattern of acts designed to make a person subordinate and or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour” (Family Proceedings Rules 2010)
Defending Non Molestation and Occupation order proceedings
It is imperative to secure prompt advice and representation if you have received an application for a non molestation and or occupation order. Time is usually of the essence and failure to act can lead to costs orders and also adverse implications in relation to any future childcare arrangements. We at Charles and Co have decades of experience and have a track record of successfully defending applications which have been made without any merit. Contact our team for a impartial assessment at competitive fees.
Family Services
Gurjit Chahal
Family Law Specialist
0121 236 1985
Mon – Fri: 9:00 am -4:30 pm
Email family@charlesandco.org if you wish to book a consultation
