Family Solicitors in Stockport
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family solicitors in Stockport

Protection from Domestic Abuse

At SAS Daniels we are specialists in dealing with cases of domestic abuse and violence.

We will act quickly and confidentially to try and find a swift resolution to your domestic abuse situation. It may be that a call to the police does the trick but that may not be right in your case. We would need to assess if a letter to your ex-partner is the way forward or if an urgent application for an injunction is required.

For immediate advice contact us to speak to one of our specialist family solicitors.

What is an injunction?

An injunction is a court order instructing someone (your abuser) not to do something. If they then continue with that behaviour they may be arrested for breaching the order.

An injunction will usually state that your abuser cannot contact you, harm you or harass you.

This is known as a Non-molestation Order.

In some circumstances the injunction may include not allowing the person in question to come within a certain distance of you and not to contact you by telephone, text or email.

Can I have my partner removed from the house?

A type of court order exists, called an Occupation Order, which can state who can live in a property. This type of order can therefore be used, in some cases, to remove someone from your home. Removing them can be done forcibly by the Police if your partner refuses to leave voluntarily.

An Occupation Order can be made in conjunction with a Non-molestation Order. In these circumstances the court will look at what is known as ‘the balance of harm’ test.

The balance of harm test requires the court to weigh up any potential harm which could be caused if the occupation order is not made. If the risk of harm to the applicant or anyone else involved, such as children, is increased by the partner staying in the home then the court has a duty to grant the order.

What type of behaviour is classed as ‘domestic abuse?’

Domestic abuse can take many forms, including:

If you would like to discuss an issue with one of our family law solicitors, please contact usand one of our specialist team will be happy to advise you.

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