PROTECTIVE ORDERS
Anyone can be abused, regardless of gender, sexuality, age, ethnicity, geography or social background. Domestic abuse of any kind is unacceptable and at Stalwart Solicitors we take a empathetic , proactive approach to protecting clients who are at risk of any kind of harm. This includes physical abuse, verbal abuse, emotional or psychological abuse, sexual abuse or financial abuse. We can make applications at Court on an emergency basis where clients are at imminent risk of harm.
If you feel that you are being abused or at risk of abuse, help is available. The priority must be to ensure that you and your children are safe.
Depending on your situation, you may need to take some or all of the following steps:
- Speak to a solicitor to understand your legal rights
- Plan escape routes which could include contacting a family member , friend or a Refuge
- Always call 999 if you are in immediate danger
- Report any abuse to the police to ensure that they are aware of your situation and they can help with practical steps like how to make your home more secure
- Tell a doctor so they have a record of any incidents
- Ensure the school knows so they can help your children and they know who can collect them and who cannot.
Non Molestation Orders
A Non Molestation Order is made in the Family Court to protect a victim from being harassed, pestered, intimidated or caused any harm be that physical abuse, verbal abuse , emotional or psychological abuse , sexual or financial abuse. It is a type of injunction made under The Family Law Act 1996 to protect named individuals from abuse.
A Non Molestation Order automatically carries the power of arrest and the penalty for breaking the Order can carry a sentence of up to five years in prison.
Who can apply for a Non Molestation Order?
You can usually apply if you’re a victim of domestic abuse and the person you want to be protected from (‘the Respondent’) is associated with you in one of the following ways:
- someone you’re having or have had a relationship with
- a family member
- someone you’re living with or have lived with
Occupation Orders
You can apply for an Occupation Order if you have been or are at risk of being the victim of domestic abuse, meet the requirements and when the future occupation of a property is in dispute. One person could be required to leave the home because of his or her abusive behaviour towards the other person or the effect that his or her presence is having on the children.
The Order will say who can live in the family home or enter the surrounding area.
Who can make an application?
You can usually apply if you’re a victim of domestic abuse and the person you want to be protected from (‘the Respondent’) is associated with you in one of the following ways:
- someone you’re having or have had a relationship with
- a family member
- someone you’re living with or have lived with
How long do Non Molestation Orders and Occupation Orders last?
Duration of Orders will vary from case to case but Non-Molestation Orders can often remain in place for up to a year to allow for a ‘cooling-off period’. It is, however, possible to apply for an extension of an Order if it is breached or if problems continue.
Occupation Orders are usually made for shorter periods of time as their effect is more draconian in that they exclude the perpetrator from their home. The aim of these Orders is to allow the parties to reach an agreement regarding the property whilst protecting the Applicant from further abuse during that time.
How much does it cost to get a Non Molestation Order or Occupation Order?
We can assist you as Applicant or Respondent on Non Molestation Order and Occupation Order matters. Stalwart Solicitors charges at the hourly rate of £250 and disbursements for all work undertaken. Please see our pricing page for further information on our fees.
Do you need a Non Molestation or Occupation Order? Book your free consultation here
Forced Marriage Protection Orders
What is a Forced Marriage?
A forced marriage is a marriage which takes place against your will; without your consent; or a marriage that you agreed to, but you did not really have a choice.
There are several ways an individual may be forced to marry including:
- Coercion;
- Threats or use of physical abuse; and/or
- Psychological, sexual or financial abuse.
A forced marriage victim may also be subjected to emotional blackmail including threats of bringing dishonour on their family. If you feel pressurised to the point where you agreed to the marriage and could not refuse, this would constitute a forced marriage.
What Application can be made?
An application can be made to the Court for a Forced Marriage Protection Order (FMPO) which if made can impose restrictions on the people who would try to force you to marry.
Forced Marriage Protection Orders can be made against multiple family members including the person the victim was forced to marry as well as parents, uncles, aunties and anyone else involved in the abuse. The Orders can also dictate that the victim’s passport should be lodged with the Courts for safe keeping. Forced Marriage Protection Orders can be enforced abroad and also in the UK.
Who can make an application?
Victims can obtain Orders whether they are 18 or under 18. Breach of a Forced Marriage Protection Order is a criminal offence and is punishable by up to 5 years’ imprisonment.
How much does it cost?
We can assist you as Applicant or Respondent on Forced Marriage Protection Order matters. Stalwart Solicitors charged at the hourly rate of £250 and disbursements for all work undertaken. Legal Aid is available to obtain a Forced Marriage Protection Order. Please see our pricing page for further information regarding applying for Legal Aid and details on our fees.
