Domestic abuse takes many forms:  it can be physical, financial, sexual, or psychological.  Coercive and controlling behaviour was criminalised in December 2015, which means that the police can take protective action and prosecute abusers.  

If you are a parent, you won’t be the only victim – your children will have to live through the abuse with you. When there are children in the household, they witness the violence that is occurring, and in many cases , they are in the same or the next room. In about half of all domestic violence situations, the children are also being directly abused themselves. For the victim, whilst the risk of staying with the abuser may be very high, simply leaving the relationship doesn’t guarantee that the violence will stop. In fact, the period when an abused person  planning to make her/his exit is often the most dangerous time for that person and their children. 

DS Legal is a specialist law firm with renowned experience in cases of domestic abuse. We can give you advice and support to protect you and your children and prevent further suffering. Protection is available for victims both under criminal law and civil law. 

Our expert team has extensive experience in helping victims of domestic violence. Partner Mark Saunders is an accredited domestic violence legal specialist with over 20 years experience in this field. Mark and the DS Legal team work closely with local authorities, police and voluntary organisations on all type of domestic violence cases. We have the depth of experience to handle all manner of sensitive cases. 

If you are a victim of domestic abuse you may have little to no control over your finances or you may have no recourse to funds.  DS Legal are able to grant emergency legal aid funding in emergency situations, so give us a call, we are here to help.

If you are a victim of abuse, whether it is physical, emotional, psychological or financial you may be eligible for legal aid. We hold a legal aid franchise, so,  we can quickly assess and if appropriate devolve powers to ensure that you get the protection you need when you need it. We will assess you or personal circumstances and advise on whether you are eligible for legal aid. If you own your own home or have additional assets we will advise on whether the “statutory charge” is likely to come into effect and provide you with an estimate of what that charge may be. Alternatively, we will endeavour to provide you with a clear breakdown of what your costs will be.  

If you are a victim of domestic violence and abuse you must seek help as your situation will never improve otherwise. You can try to get an injunction which can stop your partner or ex partner from intimidating or harassing you. 

There are two main types of injunction which you can apply for: 

- Non Molestation Orders for protection from all forms of violence and abuse

- Occupation Orders – sometimes called Exclusion Orders or Ousters, which regulate the occupation of the shared/family home.

In order for you to apply for one of these orders you must be an ‘associated person’. This basically means that your or your partner or ex-partner must be related or associated with each other in one of the following ways: 

- You are or have been married to each other

- You are or have been cohabitants

- You have lived in the same household

- You are relatives

- You have agreed to marry

- You have a child together (this can include those who are parents of the same child, and those who have parental responsibility for the same child).

Balance of harm test

In some cases a court will be obliged to make an order if it appears that the victim or any child is likely to suffer significant harm from the abuser in the event that an order is not made. The court shall weigh up all the necessary facts about your case.

If you are in immediate danger, an application can be made to the court on the same day without your abuser being there. This is called a ‘without notice’ or ex parte application. The court will need to consider whether or not you are at risk of significant harm, whether you will be prevented or deterred from applying if you have to wait, or whether your abuser is evading being served notice to appear before the court. If the court grants a ‘without notice’ order, you will have to return to court for a full hearing once your abuser has been served with notice. 

What evidence will be needed?

You will need to make a sworn statement to the court about the physical and emotional abuse you have experienced. You should be as precise as possible about all the ways you have been harmed, the dates and times (if you have them) and the effects on you and your children. It will help if you have kept a record of past events, or if you have independent evidence, such as police reports or medical records. 

The court has discretion when deciding to make an order, and has to look at all the circumstances, including the likely effect of any order on the health, safety and wellbeing of your and your partner or ex-partner, your conduct in relation to each other, your needs, and your financial and housing resources.

Please note that you may very well be entitled to legal aid to pursue an injunction.  If you are a victim of domestic abuse and wish to seek legal aid we have a specialist advisor who will carry out an assessment to assist and assess your eligibility for legal aid.  Please note, legal aid is not always free, sometimes the statutory charge will bite.  If you are eligible for legal aid we will explain if and how the statutory charge may affect your assets in the longer term.