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Domestic abuse and harassment

The current government definition of domestic abuse is: “any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality”.

During relationships, especially when relationships are ending, couples argue. Sometimes these arguments can lead to violence which most people would recognise as domestic abuse. However, domestic abuse isn’t just about physical abuse. It can also be psychological, financial, sexual and emotional abuse.

If you believe you are suffering domestic abuse then you have a number of remedies available to you under both criminal and civil law. Because it falls under criminal law you can go to the police for immediate help and you should do this immediately if you believe you or your children are in danger.

Austin Kemp’s solicitors are experienced in dealing with domestic abuse and harassment and can talk you through the options available to you in law. Seeking specialist legal advice as soon as possible will mean that you can better protect yourself and your family. We particularly specialise in representing high net worth individuals and understand the need for sensitivity and discretion in these matters.

We can talk you through the process of getting an occupation order, something which will stop the abuser entering your family home and the area around it. This can be invaluable if you want to go back to your family home but do not want the abuser there. In certain circumstances an occupation order can also allow you to use a property in which you don’t have a legal interest.

We can also advise you on the process of applying for a non-molestation order which will enable you to prevent the abuser threatening you or your child. This will generally stop your abuser from contacting you or going to a particular location. It is common for this order to be used together with the occupation order.

If your abuser breaches your non-molestation order then this is now a criminal offence and they can be arrested for this immediately. You can still go to civil court if this would be your preferred choice.

When you go to court you will be allowed to have your legal representative with you but no-one else who is not concerned with your case will be let in. This means that there are no members of the public in court which is good for your privacy.

If the danger towards you is thought to be immediate in nature then an application can be made to court immediately (on the same day). In this case your abuser won’t need to be there. An emergency order can be made in the right circumstances.

Austin Kemp can guide you through this process at what can be a particularly difficult and stressful time in your life. Our team of lawyers are experienced in dealing with domestic abuse and harassment and will advise you of your rights and discuss with you how you would like to proceed.