Domestic Violence & Abuse
How Banner Jones can help you
Victims of domestic violence and abuse have several legal options available to them, and our team are here to assist in any way we can in order to make sure you get the help you need.
Domestic violence and abuse cases are eligible for ‘Legal Aid’ depending on your financial circumstances. This is a Government programme which provides funding for legal fees in certain areas. There are different levels of Legal Aid available depending on the circumstances of your case and we can advise on what level of Legal Aid is appropriate to your situation.
Banner Jones are one of the few law firms in the Chesterfield area to have a contract with the Legal Aid Agency, which enables us to provide legal services funded by Legal Aid.
There are a few different forms of legal assistance that we can provide, depending on the severity of your situation:
This is a letter from a solicitor, to the abuser, outlining the grievance and telling them to discontinue their behaviour. This is a formal warning to the abuser, and their final chance to stop the abuse before things are escalated to the courts.
Applications to the Court
If a Warning Letter does not stop the behaviour, then there are two types of order that can be obtained to provide the protection required. In certain circumstances, these can be obtained without notice to the abuser:
- Non-Molestation Order
A Non-Molestation Order expressly forbids the abuser from using or threatening violence towards another person and/or encouraging other people to act on their behalf in this manner. The order can also be obtained for the children. It can prevent the abuser from making contact by phone or other digital means as well as by social media or any other platforms.
A Non-Molestation Order is usually granted for between 6-12 months depending on the circumstances of the situation.
It is a criminal offence if a Non-Molestation Order is breached and the Police arrest the abuser.
- Occupation Order
An Occupation Order states who can live in the family home, which can secure your occupation in the home. It can also force the abuser to leave the home they share with the victim as well as include that they are required to contribute to the household financially, such as paying towards the mortgage/rent and any bills. The terms of the order varies depends on the circumstances of the case and what is required.
A Power of Arrest can be attached to an Occupation order, which gives the Police power to arrest the abuser for breaching the order.
An Occupation Order is usually granted for between 6-12 months depending on the circumstances of the situation.
We at Banner Jones will be with you throughout the whole process. With domestic violence and abuse often occurring within a family, our Family Team are also able to assist with any ‘next steps’ moving forward, and will be able to guide you through all your options in terms of protecting any children and divorce proceedings.