Domestic Violence and Divorce
Kayani Legal Solicitors is dedicated to providing exceptional legal services to those who have experienced domestic violence. Our highly qualified domestic violence defence lawyers and solicitors have extensive experience in helping victims of abuse secure protection and justice and how to defend an injunction for domestic abuse in the UK. If you or somebody you know is encountering domestic abuse, consult one of our expert family domestic violence solicitors.
Page Content:
- Domestic Violence and Divorce
- Understanding Domestic Abuse
- Breaking the Cycle of Abuse
- How to Apply and Obtain an Injunction for Domestic Abuse Victims
- How To Defend an Injunction for Domestic Abuse in the UK
- Legal Options for Victims of Domestic Abuse
- What You Need to Know About Applying for Protective Orders
- Duration and Costs of Domestic Abuse Cases
- Common Reasons for Delays in Domestic Abuse Cases
- Rights and Restrictions in Domestic Abuse Cases
- Kayani Legal’s Success Stories in Domestic Abuse Cases
- Expert Domestic Violence Solicitors
- Accessible Domestic Violence Support Services
- DVP Domestic Violence Prevention and Education
- Legal Representation for Domestic Violence Victims
- DVDS Domestic Violence Defence Services
- Case Laws on Domestic Abuse
- Frequently Asked Questions
- Why Choose Kayani Legal
Understanding Domestic Abuse
We are all familiar with domestic abuse, but do we truly understand what it encompasses? Domestic violence can happen to anyone. It often occurs behind closed doors.
The UK government defines domestic abuse as:
- Any form of coercive,
- threatening,
- controlling,
- violent, or
- abusive behaviour between individuals.
They are or were intimate partners or family members. They are aged 16 years of age or older. Domestic abuse does not necessarily have to be physical only.
Breaking the Cycle of Abuse
Furthermore, the victims of domestic abuse may feel isolated, ashamed, and scared. They may feel like they are walking on eggshells, unsure what will trigger their abuser. It can be incredibly challenging to leave an abusive partner, as victims may feel they have no support and are vulnerable to further harm.
To sum up, we understand the difficulties that victims of domestic abuse face. We will explain your options and ensure you know you have choices. Thereafter, our solicitors will also reassure you that any threats made by your abuser are not genuine and that we have the knowledge and tools to handle them.
Local organisations such as SDAS, Worth, and Freedom can provide you with the support you need.
How to Apply and obtain an Injunction for Domestic Abuse Victims:
A Step-by-Step Guide
1. Determine the type of injunction:
As a victim of domestic abuse, you can apply for a request, a court order that provides protection. There are two types of demands:
- Non-molestation order – Prevents further harm or threats from the abuser.
- Occupation order – Decides who can reside in the family home or enter the surrounding area.
- Ensure you are eligible for a non-molestation or occupation order before applying.
2. Application process:
Kayani Legal can also help you apply eligibility for non-molestation orders.
You can apply for a non-molestation order if the respondent (the person you want protection from) is:
- Someone you are or were in a relationship with.
- A family member.
- Someone you are or were living with.
3. Eligibility for occupation orders:
You can apply for an occupation order if:
- You own or rent the home to be shared with specific individuals.
- You have matrimonial home rights.
- The home is or was intended to be your shared marital home with a former spouse or partner.
4. After submitting your application:
You will receive a ‘Notice of Proceedings’ with your court hearing date when you submit it. You must serve the respondent with a sealed copy of your application and witness statement.
5. The court hearing:
Just so you know, your hearing will be private, with only the involved parties and legal representatives present. The court will decide, and if an order is issued, you must arrange for it to be served on the respondent.
6. Extension of injunctions:
If your injunction is nearing its end and you still need protection, apply for an extension before it expires. You can apply for a new injunction if the request has already ended.
7. Seeking Legal Protection:
In conclusion, we can help you get these injunctions if it is the best solution for your situation.
Please note that domestic abuse can also have a significant and negative impact on children.
How To Defend an Injunction for Domestic Abuse in the UK:
A Step-by-Step Guide
1. Introduction:
Facing an injunction for domestic abuse in the UK can be a stressful and overwhelming experience. It’s essential to understand your rights and the legal process involved. Our compassionate and knowledgeable team at Kayani Legal has significant experience defending clients against such injunctions. In this step-by-step guide, we will provide valuable insights on defending yourself against a request for domestic abuse in the UK with a human touch.
2. Seek legal advice:
- As soon as you become aware of the injunction, contact a trusted solicitor specialising in domestic abuse cases.
- Share your side of the story and the allegations against you.
- Choose a solicitor with a successful track record in similar cases and a deep understanding of UK domestic abuse laws.
3. Gather evidence:
- Collect all relevant materials, including written communications, texts, emails, and photographs.
- Identify any witnesses who can corroborate your defence.
- Collaborate with your solicitor to find expert opinions, if needed.
4. Review the injunction application:
- Carefully scrutinise the claims against you and the supporting evidence.
- Pinpoint any inconsistencies, inaccuracies, or gaps in the applicant’s case.
- Could you work closely with your solicitor to develop a solid defence strategy based on these findings?
5. Prepare your defence statement:
- Craft a clear and concise defence statement, addressing each allegation methodically.
- Include your evidence and witness accounts to strengthen your defence.
- Please consult with your solicitor to ensure your statement is comprehensive and legal.
6. Attend the court hearing:
- Dress smartly and be punctual on the day of the hearing.
- Treat the judge and everyone involved with respect and courtesy.
- Reply on your solicitor’s expertise throughout the hearing process.
7. Present your defence:
- Trust your solicitor to lead the presentation of your defence in court.
- Be prepared to answer questions honestly and offer additional information when required.
- Stay calm and composed, even when confronted with challenging inquiries or accusations.
8. Await the court’s decision:
- The judge will thoughtfully weigh the evidence and arguments from both sides.
- The decision may be announced at the end of the hearing or delivered at a subsequent date.
- If the injunction is granted, discuss your options for appealing the decision with your solicitor.
9. Conclusion:
Defending against an injunction for domestic abuse in the UK can be complicated and emotionally draining. If you need support with a domestic abuse injunction, the empathetic experts at Kayani Legal are here for you. Please reach out to us today to arrange a consultation.
Legal Options for Victims of Domestic Abuse
Moreover, the victims of domestic abuse have several legal options to ensure their safety and well-being. These may include:
- Non-molestation orders: These court orders can protect you from abuse, harassment, or violence by prohibiting the abuser from contacting or approaching you.
- Occupation orders: These orders can determine who is allowed to live in the family home, effectively removing the abuser from the premises.
- Child arrangements orders: If children are involved, the court can make decisions regarding their residence and contact arrangements to ensure their safety.
What You Need to Know About Applying for Protective Orders
When applying for protective orders, it is essential to provide the court with detailed information and documentation. Lawyers at Kayani Legal will guide you through this process, helping you gather the necessary documents, including:
- Evidence of the abuse, such as police reports, medical records, or witness statements
- Proof of your relationship with the abuser, such as marriage or birth certificates
- Financial information to determine eligibility for fee exemptions or reductions
Duration and Costs of Domestic Abuse Cases
The time it takes to resolve a domestic abuse case depends on the complexity of the case and the court’s workload. Generally, obtaining a non-molestation order can take a few weeks, while occupation orders and child arrangements orders may take several months. Court fees for protective orders vary, with non-molestation orders costing £308 and occupation orders costing £365. Solicitors’ fees may differ, so it is essential to discuss this with your chosen solicitor.
Common Reasons for Delays in Domestic Abuse Cases
Delays in domestic abuse cases may occur due to:
- Incomplete or inaccurate information provided to the court
- Difficulty in locating or serving the respondent with court documents
- Requests for additional evidence or information from the court
To minimize delays, ensure that all information and documentation provided is accurate and complete, and work closely with your solicitor to address any issues promptly.
Rights and Restrictions in Domestic Abuse Cases
Protective orders can provide various rights and restrictions, such as:
- Preventing the abuser from contacting or approaching you
- Restricting the abuser’s access to your home, workplace, or children’s schools
- Requiring the abuser to attend counselling or rehabilitation programs
Kayani Legal’s Success Stories in Domestic Abuse Cases
Case 1: Our team secured a non-molestation order for a client experiencing harassment and threats from an ex-partner, ensuring their safety and peace of mind.
Case 2: We successfully obtained an occupation order for a client, allowing them to remain in their family home and excluding the abusive partner from the property.
Case 3: Negotiated a child arrangements order for a client, ensuring that their children had no unsupervised contact with the abusive parent, protecting their well-being.
Case 4: We helped a client gather sufficient evidence of abuse to convince the court to issue a non-molestation order, preventing further abuse and harassment.
Case 5: Our team successfully defended a client against false allegations of domestic abuse, preventing an unjust non-molestation order and protecting their reputation and rights.
Expert Domestic Violence Solicitors
If you search for a ‘domestic violence solicitor near me,’ look no further than Kayani Legal. Our firm is recognised as one of the top domestic violence solicitors in the UK, offering domestic violence legal advice and consultation services tailored to the unique needs of our clients.
Accessible Domestic Violence Support Services
Our domestic violence helpline offers a confidential and non-judgemental space for individuals to discuss their situation. We also work closely with domestic violence support services to ensure our clients have access to the necessary resources to rebuild their lives after leaving an abusive relationship.
Domestic Violence Prevention and Education
In essence, our solicitors are dedicated to raising awareness about the signs of domestic violence and empowering victims to seek help and support. We also focus on domestic violence prevention by educating individuals on the various forms domestic violence can take.
Legal Representation for Domestic Violence Victims
Our Domestic Violence Lawyers are committed to providing the best possible service, with a track record of success. We offer domestic violence lawyer free consultations and are transparent about domestic abuse lawyer fees, ensuring our clients are well informed about their options before proceeding.
Domestic Violence Defence Services
Our Domestic Violence Defence Lawyers are experienced in representing individuals accused of domestic violence, employing various domestic violence defence tactics to ensure our clients receive a fair trial. We also provide comprehensive domestic violence defence advice for those facing an injunction for domestic abuse in the UK.
If you or someone you know is experiencing domestic abuse, do not hesitate to seek legal assistance. Our dedicated solicitors at Kayani Legal are here to help you navigate UK Family Law and provide the support you need during this challenging time. Contact us today to discuss your options and begin the process of securing your safety and well-being.
Case Laws on Domestic Abuse
R v A (No. 2) (2001)
The House of Lords clarified that a defendant could not use a victim’s sexual history as evidence in a domestic abuse or rape trial, ensuring fair treatment of victims in court.
Re S (Children) (2018)
The Court of Appeal highlighted the importance of assessing the risk of future harm to children in domestic abuse cases, emphasising the need for thorough investigations.
Re H-N and Others (Children) (Domestic Abuse
Fact-Finding) (2021): The Court of Appeal provided updated guidance on conducting fact-finding hearings in cases involving domestic abuse allegations, ensuring a fair and balanced approach.
Re R (A Child) (2014)
The Supreme Court ruled that courts should consider the possibility of coercive control in domestic abuse cases, recognising the complex nature of abusive relationships.
F v M (2011)
The High Court held that an abusive partner could be ordered to leave the family home to protect the victim and any children from harm, even if they were the legal owner.
R v A (No. 2) (2001)
The House of Lords clarified that a defendant could not use a victim’s sexual history as evidence in a domestic abuse or rape trial, ensuring fair treatment of victims in court.
Re S (Children) (2018)
The Court of Appeal highlighted the importance of assessing the risk of future harm to children in domestic abuse cases, emphasising the need for thorough investigations.
Re H-N and Others (Children) (Domestic Abuse
Fact-Finding) (2021): The Court of Appeal provided updated guidance on conducting fact-finding hearings in cases involving domestic abuse allegations, ensuring a fair and balanced approach.
Re R (A Child) (2014)
The Supreme Court ruled that courts should consider the possibility of coercive control in domestic abuse cases, recognising the complex nature of abusive relationships.
F v M (2011)
The High Court held that an abusive partner could be ordered to leave the family home to protect the victim and any children from harm, even if they were the legal owner.
/faq
What is available for victims of domestic abuse UK?
In summary, victims of domestic abuse in the UK have access to different resources. It includes helplines, refuges, counselling services and legal support.
How can Kayani Legal Solicitors support victims of domestic abuse?
Further, we understand the intricacies of domestic abuse cases and their impact on individuals and families. Our team of experienced solicitors provides tailored support. We provide legal guidance to help victims obtain the protection and justice they deserve.
What legal protection can victims of domestic abuse obtain through Kayani Legal Solicitors?
For sure, our solicitors can assist with obtaining injunctions, such as non-molestation and occupation orders, with stopping further abuse. We ensure the safety of victims and their families.
Can children be affected by domestic abuse, and how does Kayani Legal ensure their welfare?
Unfortunately, children can often be witnesses or victims of domestic abuse. Legal Solicitors. Above all, we take the welfare of children seriously.
What services does Kayani Legal provide for those experiencing domestic violence?
Kayani Legal Solicitors provides exceptional legal services to those who have experienced domestic violence, helping victims secure protection and justice. Our highly qualified solicitors have extensive experience in this area.
How does the UK government define domestic abuse?
The UK government defines domestic abuse as coercive, threatening, controlling, violent, or abusive behaviour between individuals. They can be intimate partners or family members aged 16 years or older. Domestic abuse does not have to be solely physical.
What types of injunctions are available for domestic abuse victims?
Yes, there are two types of injunctions available for domestic abuse victims:
- Non-molestation order: Prevents further harm or threats from the abuser.
- Occupation order: Decides who can reside in the family home or enter the surrounding area.
What are the eligibility criteria for non-molestation and occupation orders?
You can apply for a non-molestation order if the respondent is someone you are or were in a relationship with. It can be a family member or someone you are or were living with. For an occupation order, you can apply if you own or rent the home to be shared with specific individuals. You may have marital home rights. It is a house or was intended to be your shared marital home with a former spouse or partner.
How can I defend myself against a domestic abuse injunction in the UK?
To defend yourself against a domestic abuse injunction in the UK:
- Seek legal advice from a trusted solicitor specialising in domestic abuse cases.
- Gather evidence, such as written communications, texts, emails, photographs, and witness testimonies.
- Please review the injunction application and work closely with your solicitor to develop a solid defence strategy.
How would you like to prepare a comprehensive defence statement and consult with your solicitor?
Please attend the court hearing, present your defence, and await the court’s decision.
Can I extend my injunction if it’s nearing its end and I still need protection?
It is pertinent, If your injunction is nearing its end and you still need protection, you can apply for an extension before it expires. You can apply for a new one if the injunction has already ended.
Conclusion:
Defending against an injunction for domestic abuse in the UK can be complicated and emotionally draining. If you need support with a domestic abuse injunction, the empathetic experts at Kayani Legal will help you and defend your rights. Please reach out to us today to arrange a consultation.
Ask a question.
Why Choose Kayani Legal
Choosing the right legal representation can be a critical decision when faced with domestic violence. Kayani Legal is a top choice for individuals seeking assistance with domestic violence issues. Here are five unique reasons why you should choose Kayani Legal for your domestic violence case:
Comprehensive Expertise and Experience
Most importantly, our team of dedicated Domestic Violence Solicitors brings a wealth of experience and knowledge. We specialise in various domestic violence issues, including victim support, defence representation, and injunction defence. Our Domestic Violence Lawyers have successfully represented clients in numerous cases, demonstrating their ability to handle even the most complex and challenging situations.
When you choose Kayani Legal, you benefit from our extensive expertise in handling all domestic violence cases. It ensures that you receive the best possible legal support tailored to your unique situation, whether you are a victim seeking assistance or an individual facing allegations.
Personalised and Compassionate Approach
We understand that dealing with domestic violence can be a traumatic and emotionally challenging experience. Certainly, we prioritise a personalised and compassionate approach, ensuring our clients feel heard, understood, and supported throughout their journey.
In addition, our solicitors take the time to listen to your story, understand your needs, and provide guidance that is specifically tailored to your circumstances. By fostering a trusting relationship with our clients, we aim to create a comfortable and supportive environment, enabling you to guide the legal process confidently.
Collaborative Work with Support Services
Kayani Legal recognises the importance of a holistic approach to domestic violence cases. We work closely with a network of domestic violence support services, ensuring our clients have access to a comprehensive range of resources to aid them in their recovery and rebuilding process.
Our partnerships with support services extend beyond legal representation, encompassing counselling, housing assistance, financial advice, and more. By collaborating with these organisations, we ensure that our clients receive the help they need during and after the legal process.
Commitment to Domestic Violence Prevention and Education
Above all, we believe that prevention is a crucial aspect of addressing domestic violence. Our team is dedicated to raising awareness about the signs of domestic violence and educating individuals on the various forms it can take. Through community outreach and educational initiatives, we aim to empower victims to seek help and support while also fostering a greater understanding of domestic violence within society.
By choosing Kayani Legal, you are engaging with a firm committed to positively impacting the lives of those affected by domestic violence. Our proactive approach to prevention and education is a testament to our dedication to making a difference in our community.
Skilled Defence Representation and Injunction Defence
In addition to supporting victims of domestic violence, Kayani Legal is also highly experienced in representing individuals accused of domestic violence. Our Domestic Violence Defence Lawyers are skilled in crafting robust defence strategies, employing various tactics to ensure our clients receive a fair trial.
Furthermore, our team is well-versed in defending against injunctions for domestic abuse in the UK. We provide comprehensive guidance on the UK domestic violence injunction process, ensuring our clients understand their rights and the legal procedures involved. Our expertise in this area ensures we can provide strategic and effective defence representation for those facing allegations or injunctions related to domestic violence. Trust Kayani Legal to provide the support, guidance, and representation you need to navigate the complexities.