Harassment & violence in the home

Domestic violence and harassment is often deemed ‘the hidden crime’. But with The National Domestic Violence Helpline receiving around 2400 calls a week from domestic violence victims, it is not one which can be ignored. Fortunately there is a range of legal support available for domestic violence victims and their families.

Domestic violence and harassment can take many forms including physical, sexual, mental or emotional violence or abuse. It can be inflicted by a current or past partner and even by other members of a family. Despite common depictions in television dramas and films, there is no stereotypical victim of domestic violence, indeed it is reported that 45% of women and 26% of men have been victims of domestic violence and harassment at some time or another.

Victims of this behaviour have a range of options available to them through the courts. Approaching a local family law solicitor for advice ensures they get the advice and support they need to ensure they and any children are safe, have a place to live and have their interests in any property or other assets taken care of.

In cases where the victim lives with the person causing the harassment, or fears they are at risk of further violence, a solicitor can apply for legally binding court orders on their behalf without the partner or family member knowing an application has been made until they have been granted by the court. Two orders can be applied for at court, namely non-molestation and occupation orders.

Where a non molestation order has been granted, the violent partner or attacker is prevented from harassing the victim further or from threatening them, or any children, with further violence.  If the person breaks the conditions of the Court Order by continuing to visit, intimidate, or threaten the victim, it is possible they may be sent to prison.

In many cases of domestic violence the victim and the person causing the harassment will live in the same home leaving many victims fearing that they may be left homeless if they approach anyone for support. This is often the fear where the property is owned or rented solely by the person causing the harassment. However, an occupation order, applied for by a solicitor and granted by court, can stipulate that the victim and any children remain in occupation of the home, even if they do not own it.

In addition to granting these orders judges also have powers to impose obligations on the violent partner, or ex-partner. These can include forcing them to pay the rent or mortgage on a family home or other expenses in relation to the home.

Having dealt with the short-term issues of accommodation and safety using court orders, a solicitor will then advise on long term issues such as how to formally separate from a violent partner; making long-term living arrangements and arranging contact with, and protection of, children should the attacker be their other parent. In addition to these issues a solicitor will also advise on the victim’s interest in any property or other assets and what can be done to realise and/or protect the value of this interest.

Cases of domestic violence and harassment are serious, but victims are not defenceless. Specialist legal advice from a local family law solicitor can ensure victims and their families are protected from future harm and have the financial and legal support to beat domestic violence.

Click here for further information on how Holmes & Hills Solicitors specialist Family Law lawyers can support harassment and domestic violence victims.

Holmes & Hills has five offices across Essex and Suffolk and provides and legal advice and representation to victims of domestic violence across the region. Holmes & Hills' offices are located in Braintree, Sudbury, Halstead, Tiptree and Coggeshall.