What Legal Protection Is Available If You Are Experiencing Domestic Abuse?

If you are experiencing Domestic Abuse, one of the first questions you may have is: what can the law actually do to help?

The answer is more than most people realise. There are legal protections available that can be put in place quickly - in some cases on the same day you contact a solicitor, and for many people, the cost is covered by Legal Aid.

This article explains the two main types of court orders available, how protection for children works, and what to expect when you get in touch with a solicitor for the first time.

What Counts as Domestic Abuse?

The legal definition is broader than many people expect. Domestic abuse includes physical violence, but it also covers:

• . Coercive or controlling behaviour
• . Psychological or emotional abuse
• . Financial abuse - for example, controlling access to money or bank accounts
• . Harassment and stalking

You do not need to have been injured, and the abuse does not need to be physical, for you to have legal options.

Who Can Apply for Legal Protection?

You do not need to be married to your abuser, or living with them, to apply for a court order. Legal protection is available to former partners, family members, and anyone who shares a child with the person who has abused them.

If you are unsure whether your situation qualifies, a solicitor can advise you based on your specific circumstances.

Non-Molestation Orders

A non-molestation order is a court order that stops a named person from contacting you or coming near you. It can prohibit phone calls, messages, and physical contact.

In urgent cases, a non-molestation order can be granted on the same day you apply - and it can be made without the other person being told first. This is called a without-notice application, and it is available where telling the other person could put you at further risk.

Breaching a non-molestation order is a criminal offence.

Occupation Orders

An occupation order deals with the family home. It can require someone to leave a property, or prevent them from returning to it. This can apply even if the property is in the other person’s name.

An occupation order can also set out who has the right to use certain areas of a shared home, and can include provisions around the area surrounding the property.

Protection for Children

Children can also be protected through the courts. A prohibited steps order or a specific issue order can restrict contact between a child and someone who poses a risk to them. If you are worried about your children as well as yourself, your solicitor can advise on what protection is available for the whole family.

Legal Aid

Legal Aid is available for domestic abuse cases. Many people assume they cannot afford a solicitor, but Legal Aid can cover solicitor’s fees and court costs entirely, meaning you may pay nothing.

To qualify, you will typically need evidence of domestic abuse. This can include:

•  A police report or crime reference number
• A letter from a GP or other health professional
• A referral from a domestic abuse service or Independent Domestic Violence Adviser (IDVA)
• A previous court order or injunction

The means test for domestic abuse Legal Aid has a higher threshold than for most other types of legal work. If you are unsure whether you qualify, a solicitor can advise you.

What Happens When You Call?

The first step is a free, confidential conversation. You will not be pressured into taking any action. Your solicitor will explain your options, what the process involves, and what Legal Aid might mean for your situation.

If there is an urgent need for protection, we can act quickly.

Get in Touch

If you need advice about any of the issues in this article, fill in the short form below. 

National Domestic Abuse Helpline: 0808 2000 247 (free, 24 hours)