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Domestic violence

The first step is always the hardest but often the bravest, if you are dealing with any kind of domestic violence or abuse. If you’re in a relationship and you feel threatened or are with a violent or abusive partner, it can be difficult to know where to turn for help, but it is important to not suffer in silence.

Our dedicated team of domestic abuse lawyers will support you (and your children if applicable) to get the protection you need from your abuser.  Domestic abuse, whether physical, financial, sexual, emotional or psychological is unacceptable.  We understand that simply walking away from an abusive partner isn’t always an option particularly if children are involved or you don’t have access to your own finances. 

How Moore & Tibbits can help with domestic abuse issues

Our lawyers work quickly to understand your unique situation and your safety is our priority.  If you are in immediate danger, we can take swift action and where necessary obtain Court Orders to protect you and your family from the abuser.

  • Non-Molestation Orders/Injunctions:  A Non-Molestation Order is a Civil Order which a victim of domestic abuse obtains through the Family Court to protect themselves.  This type of Order can prevent the abuser from using violent or threatening behaviour towards you, attending your property or place of work, sending you abusive messages via telephone, texts, social media and letters etc. You can only apply for a Non-Molestation Order if the abuser is a spouse or ex-spouse, a civil partner or previous civil partner, a family member, a fiancé/e or ex-fiancé/e, the mother or father of your child, someone you’ve had an intimate personal relationship with, someone you’re living or used to live with.
  • Occupation Order:  An Occupation Order can be applied for when there has been domestic abuse.  The Order will determine which party should stay in the property following the abuse.

If the abuser breaches the Order, it is an arrestable offence which could result in imprisonment.

The Law | Domestic Abuse

The Domestic Abuse Act 2021 introduced Domestic Abuse Protection Orders (DAPOs) to provide more powers to safeguard victims by disrupting patterns of abuse.  The Courts are able to prohibit contact with the victim and also require the perpetrator to attend rehabilitation programs. These Orders can be obtained by the Police.

The Act also aimed to create a more supportive and secure environment for victims by prohibiting the cross-examination of victims by their abusers.

Types of domestic abuse

Domestic Abuse isn’t always physical.  Abuse can be in many forms and can happen to people of all genders.  We have outlined some examples below to help you recognise the signs, whether for your safety or someone else’s.

  • Physical:  Some examples of physical abuse include scratching, punching, biting, strangling, kicking, pulling your hair, grabbing clothing, throwing objects at you.
  • Emotional:  This includes name-calling, belittling, yelling and screaming, intentionally embarrassing you in public, making you lose confidence in yourself.
  • Controlling behaviour:  Examples of this type of abuse include controlling your access to money, clothing or even food.  This can be one of the first signs of an abusive relationship that can escalate over time.
  • Sexual violence:  This may include using force towards the victim, degrading them or making sexual and violent threats.
  • Harassment:  This includes stalking, sending unwanted texts and letters, humiliating you or violating your privacy.
  • Isolation:  If you are being pressured or encouraged to stay away from friends and family and having contact with the outside world banned entirely.  Another common sign is for abusers to monitor online behaviour and text messages.
  • Threats:  This could include acting in an intimidating way, threatening violence towards you or your family members or destroying belongings.

Abuse can also include female genital mutilation, forced marriage and ‘honour-based’ abuse.

Domestic abuse is a crime and isn’t restricted to physical violence.  Coercive and controlling behaviour was criminalised in December 2015 which means the police can take protective action and prosecute abusers. 

Steps to take

  • Report any incidents to the police immediately.
  • If you are injured, seek medical attention as soon as possible.  Keep a copy of your GP’s report and take photographs of any injuries to build evidence against the abuser.
  • Keep proof of any threatening or abusive communications such as messages, emails etc. 
  • It is a good idea to try and keep a personal diary, noting specific dates when you can.

Applications for Non-Molestation Orders are complex and vitally important to get right as they may secure your protection from an abuser.  Instructing a solicitor will ensure the application is completed correctly and give you the best chance of having your order granted.

Any form of domestic violence is unacceptable.  If you feel you are in an abusive relationship, contact us for sensitive, sympathetic and confidential legal support on 01926 354704 and ask for Carline.

Other organisations who offer support include:

National Domestic Violence Helpline on 0808 2000 247 or visit www.nationaldahelpline.org.uk

The Men’s Advice Line for male domestic abuse survivors 0808 801 0327 (run by Respect)

The Mix – free information and support under 25’s in the UK 0808 808 4994

National LGBT+ Domestic Abuse helpline:  0800 999 5428 (run by Galop)

Samaritans (24/7 service) 116 123

 

 

Team members

Antonia Kirby
Senior Solicitor
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Carline Gayle-Buckle
Senior Solicitor | Head of Family team
Contact

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