Many of our family law clients are subject to domestic violence. This could be emotional, physical, or even coercive control. Sometimes the control element leads to a client being literally kicked out of their home, often late at night, and often on a weekend. They may be told that they are not welcome, and they are not to return.
Over many years Emmersons Solicitors family law specialists have helped clients who have faced this emergency situation, and who do not know where to turn next.
Frequently our clients are advised by the police that this is a civil matter and that the police cannot help them. However, if the behaviour of your partner amounts to harassment, then this may mean it is a criminal matter and the police should act in appropriate circumstances to remove them from the household to allow you to return.
So how do we help our clients who are facing domestic violence?
In the first instance, you either have the right to go back under your Matrimonial Home Act rights, or an Occupation Order may be a possibility if you are unmarried and cohabiting. Often this is referred to as an Injunction. Whether an Occupation Order is granted is assessed by the Judge by considering the balance of harm to both parties if an Order is made. The court will also assess the needs of any children. If the Order is made, then this can be by way of allowing one party back into the property and requiring the other to leave, or perhaps both parties remain if they can live separately within the same property. An example might be if your partner is violent when under the influence of drink or drugs. You and your children may need protection. The safety of your children and the need for them to have a home in which to live must come first.
We treat these cases as an emergency and often we can ensure that our clients can return home within 48 hours. We are used to helping clients in emergencies. We can also help you to obtain financial support from your partner. However, every case is different and therefore if you need specific advice on your circumstances, please do not hesitate to contact us.
If you need help with your divorce or separation, then why not contact us for a Next Steps Divorce Advice Session and to see how we can help you. We can be contacted on:
Family Law Specialists Solicitors Newcastle: 0191 284 6989
Family Law Specialists Solicitors Sunderland: 0191 567 6667
or email us: enquiries@emmersons-solicitors.co.uk
Or complete our Online Enquiry Form and select family law
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