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Domestic Violence & Abuse

Domestic Violence & Abuse

If you are facing domestic abuse or have received threats of violence from your partner, our solicitors are here to help.

Domestic violence can happen to anyone, regardless of their social group, class, age, race, disability, sexuality, or lifestyle. It can also begin at any stage of a relationship. Whilst every situation will be completely unique, one fact remains the same – it is never the survivor’s fault.

Every survivor of domestic violence and abuse deserves to feel safe and supported, which is why our solicitors will listen to you, review your circumstances, and talk you through your options before progressing with any legal action.

Our specialist team not only have the expertise to handle the issue practically, but to help you move on with your life. We can advise clients across all situations involving domestic violence and abuse including:

  • Protection from domestic abuse
  • Non-Molestation Orders (injunctions)
  • Occupation Orders
  • Protection from harassment

For more information, please see our detailed guide on domestic abuse and violence.

Contact our domestic violence solicitors in Northwich, Cheshire

For expert legal advice, please call 01606 48777 or complete our online enquiry form to speak to a member of the team.

Our expertise in domestic violence and abuse

Protection from domestic abuse

If you are experiencing domestic abuse, our solicitors can guide you through obtaining an injunction, such as a non-molestation order or an occupation order, which legally prohibits your partner from contacting or approaching you and may determine who stays in the shared residence. We also assist in navigating family court proceedings, ensuring your rights are upheld and providing support in securing long-term protective measures.

Non-molestation orders (injunctions)

Non-molestation orders prevent someone from using or threatening violence or from approaching you, your children or your home.

Breach of an injunction means you can call the police who will be able to immediately arrest the abuser.

Our solicitors can guide you through the application process, ensuring accurate documentation and presentation of evidence to support the case.

We also offer ongoing legal counsel, addressing any challenges that may arise during the order's enforcement, such as a breach of the injunction.

Occupation orders

An occupation order bans someone from living in your home for a period of time, even if they own the property. The police can arrest the abuser if they breach the order.

Our solicitors have the legal expertise to secure such orders. We can guide you through the legal process, helping to gather evidence and present a compelling case in court.

Our solicitors will ensure that the order aligns with your safety needs and those of your children, either by excluding your partner from the home or specifying certain areas they can access.

Protection from Harassment

According to the Protection from Harassment Act 1997, an individual's actions qualify as harassment if they cause you distress, humiliation, or fear of further violence.

The primary objective of harassment is to coerce victims into doing or not doing something against their will. Actions specified under the Protection from Harassment Act include, but are not restricted to:

  • Phone calls
  • Letters
  • Emails
  • Visits
  • Stalking
  • Verbal abuse, including on social media
  • Threats
  • Damage to property
  • Bodily harm

These actions amount to harassment when they occur more than once.

Our solicitors can help protect domestic abuse victims from harassment by obtaining legal safeguards. We can assist with securing Non-Molestation Orders and Occupation Orders through the Family Court, restricting the abuser's contact.

Our solicitors can guide you through the criminal justice system, ensuring the abuser is charged appropriately. We also offer crucial advice on housing and financial matters, helping you to gain independence.

Frequently asked questions about domestic violence and abuse

What is classed as domestic abuse?

Domestic abuse encompasses a range of behaviours causing physical, emotional, psychological, or financial harm between individuals with an intimate or familial relationship. This includes physical violence, coercive control, emotional abuse, financial manipulation, and harassment.

Domestic abuse law recognises the broader impact on victims and includes controlling or coercive behaviour as a criminal offence. Protection extends to spouses, partners, ex-partners, family members, and those in same-sex relationships.

What to do if you suspect domestic abuse?

If you're worried a friend is being abused or you have noticed signs of domestic abuse, let them know you've noticed something is wrong, in private.

If someone confides in you that they're suffering domestic abuse:

  • Support them, encourage them to express their feelings, and allow them to make their own decisions.
  • Ask if they have suffered physical harm and if they have, offer to go with them to a hospital or GP.
  • Help them report the assault to the police if they choose to.
  • Be ready to provide information about organisations that offer help for people experiencing domestic abuse.

What is the Domestic Violence Disclosure Scheme (Clare’s Law)?

The Domestic Violence Disclosure Scheme (DVDS), commonly known as "Clare's Law," allows the police to reveal information to victims or potential victims of domestic abuse regarding their partner's or ex-partner's history of abusive or violent behaviour.

The scheme was implemented in March 2014 across all police forces in England and Wales, it includes two components: the "Right to Ask" and the "Right to Know." Under the "Right to Ask," individuals or relevant third parties can ask the police to check for a violent or abusive past in a current or ex-partner.

The "Right to Know" encourages the police to proactively disclose information about a person's violent or abusive behaviour if it poses a potential threat to the safety of their current or ex-partner. This disclosure may result from a criminal investigation, the involvement of other agencies, or other police intelligence sources.

Does domestic violence go on a UK criminal record?

If a domestic violence incident results in a conviction, it can stay on an individual's criminal record indefinitely. However, there may be some instances where the offence is considered 'spent' and may not need to be disclosed.

The duration varies based on the sentence received. It's important to note that even spent convictions may be disclosed in certain situations, such as when applying for certain types of employment or working with vulnerable people.

Why choose Susan Howarth & Co for domestic abuse legal support?

At Susan Howarth & Co, we firmly believe in everyone’s right to access justice and expert legal advice, especially when dealing with the complexities of domestic abuse. We understand that every situation will be completely unique, and no client’s needs are the same. This is why we always take the time to understand your individual requirements before providing comprehensive, tailored advice and support.

Our family law department takes pride in its exceptional reputation that has been built by our esteemed solicitors. Some of our recognitions include:

  • We are ranked as a Band 2 legal practise in the Chambers & Partners UK legal guide
  • Directors Susan Howarth and Victoria Poole are ranked as ‘Notable Practitioners’ by Chambers & Partners UK
  • We hold an accreditation by the Law Society for Family Law
  • Many of our team are members of Resolution – the leading professional network for family law
  • We have been Lexcel accredited for 11 consecutive years
  • We are ranked as a Band 3 Leading Family Law Firm in The Legal 500 directory
  • Susan Howarth has been ranked as a ‘Leading Individual’ for 4 consecutive years by The Legal 500 and was inducted into the Hall of Fame in 2023 as one of seven individuals for Family Law (North West)
  • We won the 2023 and 2022 AI Legal Awards for Best Family and Childcare Law Firm (North West)
  • We have been finalists of the Lexis Nexis Family Law Firm of the Year (North) for two consecutive years

Get in touch with our domestic violence solicitors in Northwich, Cheshire

For expert legal advice, please call 01606 48777 or complete our online enquiry form to speak to a member of the team.

For more information or to speak to one of our experts, please call us on 01606 48777

Get in touch

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