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Domestic Abuse: FAQ’s

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You should always contact the Police first in any emergency. You should also report to the Police any incidents of violent, threatening or harassing behaviour that you are experiencing. We recommend you keep a record of these incidents including any police incident numbers.

Q. My ex-partner and I separated over 6 months ago but I continue to receive harassing phone calls and texts from her. She has now begun turning up at my flat and threatening me. I am concerned her behaviour is getting worse and she will do something serious. What can I do?

A. You should report this behaviour to the Police. If her behaviour is effecting your health, safety and well-being, you may be able to apply to the court for a non-molestation order. This is an order that she does not ‘molest’ you and often includes not contacting you directly, not harassing or pestering you in any way, and/or not to come within a certain distance of you or your home. You will need to provide a statement to the court to explain why you need this protection. Depending on the level of harassment, you may be advised to apply without giving your ex-partner notice of the application.

Q. My husband and I decided to separate a while ago but he is refusing to leave the family home which we own jointly. He has become increasingly aggressive towards me and I am concerned that he will become violent. We have two young children and I do not want them to have to leave their home or witness this behaviour. What should I do?

A. As you own the home jointly, you both have a legal right to stay there. If your husband’s behaviour is putting you and/or the children at serious risk of physical or emotional harm then you may have grounds to apply for an occupation order. You may also be advised to apply for a non-molestation order at the same time. An occupation order is a court order that would temporarily exclude your husband from the family home. You may be advised to apply for this without giving notice of the application to your husband to ensure yours and the children’s safety.

If you would like to discuss any issues arising from domestic abuse or harassment, please contact our family law team on 01293 596900 to arrange a fixed fee appointment for £100 plus vat (£120).

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