Make your voice heard, put a stop to any abuse by legally having a defence in place with a Non-Molestation Order, preventing the offender from being within the radius of you and your property.

Domestic abuse is not a subject anyone wants to discuss, it pulls on heartstrings and raises many questions, whether you believe they will change or the impact it could have on your children. You will have lots of thoughts running through your head, such as, ‘how can you leave, will they follow you, do you report the incident to the police, will your life ever be normal again’. Speaking to a solicitor on the matter will help you establish what can be done.

There was a rise in domestic abuse during to the COVID restrictions due to couples being confined to their homes without any escape, so much so that the government removed the application fee.  It is during the Christmas time when domestic violence is at its worse, as financial burdens can have an impact on relationships causing frustration. Non-molestation orders are not only for partners but can be for family members and co-habitants.

The courts will consider whether the parties have somewhere to stay as they will not want a party to be left homeless. However, if you know the offender has somewhere else to stay, then you can make an application to remove the offender from the property and restrict them from getting close. If an incident occurs and you are in imminent danger, then it is always best to call the police.

It is any young children of the parties who are impacted the most. The safety of the children is paramount, and the courts will take their safety into consideration when granting the injunction order.

Domestic abuse impacts both men and women, you may not think you have any rights, you may believe you cannot afford to leave, and love can be the main factor, but your safety is the main concern. We can provide you advice before any legal proceedings to make sure you are doing the right thing, we can arrange a fixed fee meeting by telephone when you are alone, video chat or a face-to-face meeting at one of our offices where you will feel safe.

We can arrange to have an emergency application for non-molestation and occupation order or injunction proceedings, to prevent the offender from coming within a certain distance of you and children and not have access to come within the facility of your home. The application can be sent to the courts and heard without notice therefore your partner will not be aware of the application until after the first hearing. A successful application means the judge will provide a sealed order, which we will serve on the defendant whether by the court or through a process server. The order means you will be able to call the police and have the offender arrested if they breach the conditions of the order, allowing the police to act immediately.

The Applications can be downloaded from the Government website, however we are here for you, please talk to us to arrange for a fixed fee meeting and we will make sure we can do all we can to legally protect you as Non-molestation are a comprehensive side of Family Law.

Make your voice heard by contacting Franklins Solicitors.

If you feel Franklins might be the right firm to advise you on your legal position, and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

 

Non-Molestation Orders are used to protect victims of domestic violence. It prohibits a person (the abuser) from molesting the person applying for an Order. They can also protect victims from acts or threats of violence, use of abusive language, stalking and abusive messaging such as text messaging or Facebook messages. A breach of a Non-Molestation Order is now a criminal offence.

Domestic violence charity Refuge saw an 80% increase in calls to its helpline during the first national lockdown, a trend the government believes has continued through this latest lockdown period. It is therefore important for victims to know what they can do legally to put a stop to this.  

To apply for a Non-Molestation Order, you must be able to show that you are ‘associated’ with the abuser. This effectively means that you and the abuser must be or have been in a relationship, live together or have lived together or be related to one another. 

An application for a Non-Molestation Order can be made without the abuser having to be made aware of it until after the Order has been granted. This is relevant where the applicant is in immediate danger or to notify the abuser of the Order would place the applicant at risk of physical harm.

The order lasts for a fixed term, which is typically 6 months or a year. However, it can last until a further order of the court is served or in some cases, indefinitely.  

Here at franklins, our Family Law Solicitors can help you to apply for a Non-Molestation Order. Contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk. 

The Government’s Business Minister, Paul Scully, has highlighted that employers have a duty to support staff who may be suffering from domestic abuse at home. Domestic violence charity Refuge said it saw an 80% increase in calls to its helpline during the first national lockdown, a trend the government believes has continued through this latest lockdown period. In having regular contact with employees, employers and colleagues are considered to be best-placed to spot signs of abuse and provide assistance.

In November 2020, 43% of respondents to a survey by charity Surviving Economic Abuse showed an abuser had interfered with someone’s ability to work or study from home during the crisis. Examples included hiding phones or computers, removing Wi-Fi connections, and phoning an employer claiming a breach of lockdown rules, in an apparent effort to get them sacked. The Government’s Domestic Abuse Bill is also making its way through parliament which will confirm that coercive or controlling behaviour is considered to be an act of domestic abuse, but this is not yet law.

Employers have a duty of care over their employees, an obligation which would ordinarily focus on making sure that an employee is provided with a safe working environment. The shift to working from home has meant that many employers now face greater difficulty in making sure that their employees have a safe working environment, as they would not generally have access to the employee’s home during the working day. It is, however, important that an employer makes sure that risk assessments are carried out by an employee of their working environment, to make sure that there are no hazards to this working day.

Whilst an employer should also make adjustments to reduce situations which could cause significant stress for an employee, Mr Scully’s comments reminds employers that they should also be vigilant in noticing any issues of domestic abuse with their employees. Things to look out for would include:

If an employee is showing the above signs, it would be advisable to discuss your concerns with that employee. An employer could find a plausible reason for an employee to go into the office as a one-off so they can talk freely, or switching conversations to email or text if your conversations are being overheard, in order to hopefully give the employee a ‘safe space’ in which to discuss any issues they are experiencing at home.

Employers are encouraged to either create policies which address this issue, or to otherwise speak with all employees to acknowledge that these issues exists and to hopefully assist staff in recognising signs of a colleague facing domestic abuse so they can respond appropriately and sympathetically. It may also be beneficial for employers to provide information about domestic abuse support services on its extranet, or in a company-wide email, to show employees that  help is available.

If you would like assistance with drafting a policy, or if you would like advice on any other employment issue, please contact Ben Stanton on 01908 660966 / 01604 828282 or by emailing ben.stanton@franklins-sols.co.uk.