Domestic Abuse: Understanding Your Legal Protection Options
Domestic abuse is not always physical. It can also include emotional abuse, coercive control, financial abuse, and psychological harm. Whatever form it takes, the law in England and Wales provides protections to help keep you safe.
If you are experiencing domestic abuse, one of the most important things to understand is that you do not need to remain in a harmful situation, and there are legal remedies available to protect you and your children.
One of the key legal protections is a Non-Molestation Order.
This type of order can:
• Prevent your partner or ex-partner from using or threatening violence
• Stop harassment, intimidation, or controlling behaviour
• Prevent contact directly or indirectly
• Provide immediate legal protection
A Non-Molestation Order can often be granted urgently, sometimes without the other party being present, where there is an immediate risk of harm.
Breaching a Non-Molestation Order is a criminal offence and can lead to arrest.
In addition, the court can also grant an Occupation Order, which deals with the home itself.
This can:
• Exclude the abuser from the family home
• Allow you and any children to remain in the property
• Regulate who can enter or live in the home
• Provide immediate safety and stability
Occupation Orders are particularly important where both parties have rights to the property, as they allow the court to prioritise safety over ownership.
The court will always consider factors such as:
• The welfare of any children
• The housing needs and financial resources of both parties
• The nature and severity of the abuse
• The impact of remaining in or leaving the home
If domestic abuse is taking place, it is important to seek legal advice quickly, as the court can act urgently to protect you.
This article is intended for general guidance only and should not be relied upon as legal advice. Please contact our family law team for tailored advice.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
