How Do I Stop the Abuse in My Home?
10th January 2017
We live in an age where you do not have to put up with anything now and why should you? Everyone has a say and although it can be difficult to discuss your personal life with a stranger, it may be the best thing you do.
There is a stereotype that wives only get abused at home, but this is not the case. Increasingly husbands are suffering now too and it is not just physical harm that they suffer from.
The law recognises many forms of abuse, to include physical, emotional, sexual, financial and psychological. If you are suffering from any of these or are at risk of suffering from these types of abuse please telephone the police first and then me, and where possible, I can apply for an emergency injunction immediately to stop it.
If there is police investigation ongoing and supportive medical evidence, you are more likely to receive an Order for a longer period of time.
These applications are made without notice to the third party. You can either apply for an Order which protects you or your child from being harmed or threatened by the person who’s abused you – ( ‘non-molestation order’) or an Order which decides who can live in the family home or enter the surrounding area – (‘occupation order’).
The person named in the injunction can be arrested if they breach this injunction. This therefore gives you the protection you and your family need.
You initially receive an interim injunction, protecting you until the matter is re-listed at Court. The following hearing gives the third party an opportunity to defend the injunction and explain their personal circumstances. This is because they may not have anywhere to live and if an Occupation Order is made, the court needs to determine which party will suffer more if an Order is made.
As soon as I leave Court with an injunction I arrange for a process server to hand-deliver it to the third party. Due to the severity of the injunctions, I have to make sure the third party receives it and where necessary, leaves the home. If the perpetrator decided to not leave the home then I would arrange for that person’s arrest.
After the initial hearing, I can represent you at the following hearings to ensure the Order continues. These matters are determined on the evidence and so I always advise that you keep a diary of events, take photographs where necessary and ensure the police are updated.
Please do not suffer in silence. The law is there to protect you, but I will need you to communicate with me fully in order for me to help.
Please call me if you have any questions or concerns, on 02476 531532.
Melanie Davis (née Timms)
Family Solicitor