Domestic abuse can impact people of all ages, genders, races and cultural backgrounds. It can be any incident of threatening behaviour, physical violence, sexual, psychological, financial, and emotional abuse. A more commonly defined type of abuse is coercive control which can be defined as a pattern of controlling, threating and cohesive behaviour that can involve all types of violence.

No one should have to experience domestic abuse, violence, coercive or controlling behaviour or intimidation in their relationship. Everyone has the right to feel safe in their own home. Our domestic abuse solicitors will deal with such matters with due care, consideration and empathy and will help you obtain emergency and longer-term protection for you and your family, should this be required. Alternatively, our specialists are able to confidently defend any allegations made against you.

Our domestic abuse solicitors are experienced in handling all manner of domestic abuse cases in a sensitive manner, whether you are a victim or have been accused.

Will I have to go to court?

If you are the victim of domestic abuse, then our specialists can support you in obtaining injunctions by making an application to the court. An order can be made to protect your living arrangement, whereby the perpetrator could be asked to leave the family home (occupation orders) and/or to prohibit the perpetrator from further harassment, intimidation, or threatening behaviour (non-molestation order).  If the perpetrator breaches the non-molestation order then you can call the police and the perpetrator will be arrested. If you do not require urgent protection then we can write a warning letter in the first instance to discourage the abusive behaviour.

You should record a log or diary of any instances of abuse in case an urgent application is required, whereby a statement detailing the events will need to be drafted quickly but accurately. We can help you to look at things holistically and how the domestic abuse you have suffered impacts on the arrangements for your children. We can also signpost you to local charities and other organisations that can provide both practical and emotional support.

If you and your children are at immediate risk of harm you should telephone the police. The police also have powers under criminal law to put measures in place to protect you where this is necessary.

Equally, if you have been accused of domestic abuse and are allegedly the perpetrator then our experts can advise, assist and represent you throughout proceedings. Being accused of domestic abuse will not only cause you a great deal of stress and worry, but it can also be damaging to your reputation and potentially your career. Our experts will help defend you and your name should your client make allegations or make a court application for an injunction against you.

Legal Aid (previously known as public funding) may be available if you are the victim of domestic abuse and whilst we do not offer legal aid services at Trethowans, we can signpost you in the right direction if there is a possibility you may be eligible.

Why choose Trethowans?

Our expert team are ‘Dragonfly Champions’, after completing domestic awareness training, to know how to provide support to those affected by domestic abuse. We have the knowledge to provide both practical and legal support to those who require protection from abuse.

The team are members of Resolution, which follows a code of practice to ensure that your personal circumstances are dealt with in the most dignified and constructive manner.

Call us on 0800 2800 421 or contact us here to arrange a free initial consultation with an experienced member of our family team in Bournemouth, Poole, Salisbury, Southampton and Winchester.

Frequently Asked Questions

  • The law governing domestic abuse changed on 1 October 2021. The new definition under the Domestic Abuse Act 2021 confirms that behaviour of a person towards another person is ‘domestic abuse’ if the people are aged 16 or over and are personally connected to each other, and the behaviour is ‘abusive’.

     

    ‘Abusive’ behaviour consists of any of the following:

    • Physical or sexual abuse
    • Violent or threatening behaviour
    • Controlling or coercive behaviour 
    • Financial abuse – which has a substantial adverse effect on the victim’s ability to acquire, use or maintain money or other property, or obtain goods or services.
    • Psychological, emotional, or other abuse

     

    And it does not matter whether the behaviour consists of a single incident or a course of conduct.

  • Domestic abuse takes various forms as included in the definition above. However, within these defined forms of abusive behaviour there are various examples. 

     

    Coercive control is an act or pattern of acts of assaults, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

     

    Controlling behaviour is a range of acts designed to make a person subordinate and / or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. 

  • There are various sentences available to the court, depending on whether the perpetrator is being punished under civil or criminal law. 

     

    Within the family court a perpetrator could find themselves being served with notice of Injunction proceedings, which would include a Non-Molestation Order – prohibiting them from carrying out certain acts, or an Occupation Order – restricting their rights to occupy or enter a property.  

     

    If a person is found guilty of the criminal offence then the maximum sentence is up to 5 years imprisonment, a fine or both. 

  • Yes, they can. However, the type of court will depend on the offence allegedly committed. For civil cases the case would be heard in the local family court. However, for a criminal offence the case would be heard in either the Magistrates or Crown Court depending on the severity of the alleged offence.

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