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Domestic Abuse

Domestic abuse is a serious issue that affects many individuals and families. The Domestic Abuse Act 2020 defines domestic abuse as any behaviour that causes physical, sexual, emotional or financial harm by a spouse or partner. It is not limited to physical or sexual violence and can include other forms of control tactics such as limiting access to money or friends, verbal abuse such as name-calling and belittling, and destructive criticism.

At Haris Law Solicitors, we understand that taking the first step to escape an abusive situation can be difficult and traumatic. Our primary concern is the safety of our clients and their children. We work quickly and efficiently to obtain a court order if necessary to ensure their protection. The two main types of court orders that can assist in these situations are Non-molestation Orders and Occupation Orders.

A Non-molestation Order is a legal document that prohibits someone from being violent or threatening violence against the client or their children. It also covers acts of intimidation, harassment, or pestering. Breaching this order is now a criminal offence. It is important to understand that if an order is made against you, you must comply with its terms. Failure to do so can result in serious legal consequences, including arrest and imprisonment.

An Occupation Order is a court order that requires a partner or spouse to vacate the home and can also restrict access to the surrounding area. If the order is breached, the police have the power to arrest and detain the individual in question.

It is also worth mentioning that support services are available for those affected by domestic abuse. These organizations provide a safe and confidential environment for individuals to discuss their experiences and receive support and guidance. Our team can assist in accessing these services and ensure that our clients receive the help they need during this difficult time.

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However, if an order is made against you, it is possible to defend against it. Our team of solicitors has experience in defending clients against Non-molestation Orders. We understand that not all allegations of domestic abuse are accurate or justifiable and that it is important to defend against false or exaggerated claims. Our approach is to gather all relevant evidence and provide a strong defense on behalf of our client.

In defending against a Non-molestation Order, it is important to understand that the burden of proof is on the person seeking the order. This means that they must provide sufficient evidence to support their claim. Our solicitors will carefully review the evidence and prepare a defense based on the facts and circumstances of each individual case. 

It is also possible to apply to discharge or vary the terms of a Non-molestation Order if circumstances have changed. Our team can advise on the best course of action in these situations and represent our clients in court if necessary. We will ensure that you are made aware of the serious consequences for those who are subject to it. For example, it may affect your ability to see your children, access your home, or obtain employment in certain fields.

In conclusion, if you are facing domestic abuse, Haris Law Solicitors can assist you in seeking a court order to ensure your safety and that of your children.

If an order is made against you, we can also provide a strong defence and represent you in court. Contact us for more information and to schedule a consultation.

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