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Domestic Violence is never acceptable. We can advise on the steps available to stop it.
If the offence is reported to the police they have a duty to secure evidence
and take positive action to bring offenders to justice. In some situations victims
may prefer to take action in the civil courts under Part IV of the Family Law
Act 1996 (FLA). The FLA came into force on 1 October 1997 and extends protection
to a wider group of people than provided by previous legislation. The Protection
from Harassment Act 1997 may also be used to protect against harassment and stalking.
We may be able to help you by obtaining:-
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"Non-Molestation Orders" for the protection of you and your children.
The court can grant an order prohibiting your partner from molesting you
or a
child. The word molestation covers not only violence and threats of violence
but also pestering. Thus, such an order could be granted against a husband
who for example sends abusive letters to his wife, or persistently telephones
her in the middle of the night.
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"Occupation Orders" which exclude the other
party from the occupation of the home. If necessary an exclusion zone
can be created around the
home.
We can act quickly. If necessary we can make an application to the court for
a Non-Molestation and/or Occupation Order on the same day without notice of the
application being served upon your partner.
Public Funding may however be available subject to your means and if it is appropriate
an emergency Public Funding Certificate may be granted that same day in order
to make an urgent application to the court.
Not every case needs court action. Sometimes a solicitors' letter will
suffice to stop the offending party. Each case of course needs to be
considered individually
and at Sills & Betteridge we have specialist family law solicitors who will
be able to advise and assist you. Remember that the aim is to stop the cycle
of
abuse.
If you require any advice with regard to domestic violence, please contact Caroline
Johnson.
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