Domestic Abuse Support

If you are experiencing domestic abuse, please know that you are not alone, and help is available. At MCR Solicitors, we understand how frightening and overwhelming this situation can be. Our compassionate family law team is here to provide urgent, confidential legal support to help you and your children feel safe again.

Taking the first step to seek help is incredibly brave. We recognise how difficult it can be to reach out, especially when you may be dealing with fear, confusion, and isolation. Our solicitors handle domestic abuse cases with the utmost sensitivity and discretion. Everything you tell us is strictly confidential, and we will work at your pace to understand your situation and explore the options available to protect you.

If you are in immediate danger, please call 999. Your safety is the priority.

What is Domestic Abuse?

Domestic abuse is a pattern of behaviour used by one person to gain power and control over another in an intimate or family relationship. The Domestic Abuse Act 2021 defines domestic abuse as behaviour that is abusive if it consists of any of the following:

Physical Abuse

This includes hitting, slapping, pushing, kicking, strangling, or any other form of physical violence. It also includes threats of physical violence, destruction of property, and physical intimidation.

Emotional and Psychological Abuse

Emotional abuse can be harder to recognise but is equally damaging. It includes:

• Constant criticism and put-downs
• Humiliation, especially in front of others
• Threats to harm you, your children, or your pets
• Making you feel worthless or that everything is your fault
• Isolating you from friends and family
• Threatening to have children taken away
• Gaslighting, making you question your own reality

Coercive and Controlling Behaviour

Since 2015, coercive control has been a criminal offence. It includes patterns of behaviour that:

• Monitor your movements and communications
• Control who you can see or speak to
• Dictate what you can wear
• Control your access to money
• Make rules and punish you for breaking them
• Threaten to reveal private information
• Use technology to track or monitor you

Financial Abuse

Financial abuse involves controlling your access to money and financial resources. This might include:

• Preventing you from working
• Controlling all household finances
• Putting debts in your name without consent
• Withholding money for essential needs
• Making you account for every penny spent

Sexual Abuse

Sexual abuse includes any sexual activity without consent, including within marriage. This includes coercion, pressure, or force to engage in sexual acts.

Stalking and Harassment

This includes following you, repeatedly contacting you against your wishes, monitoring your activities, and making unwanted contact after a relationship has ended.

Non-Molestation Orders

A non-molestation order is a court order that protects you from abuse. It prohibits the abuser from:

• Using or threatening violence against you
• Intimidating, harassing, or pestering you
• Contacting you directly or indirectly
• Coming within a specified distance of your home, workplace, or school
• Damaging your property

Who Can Apply?

You can apply for a non-molestation order against someone you are associated with, including:

• Current or former spouse or civil partner
• Current or former partner you have lived with
• Someone you have a child with
• A relative
• Someone you have agreed to marry

What Happens if the Order is Breached?

Breaching a non-molestation order is a criminal offence. The police can arrest the abuser, and they can be prosecuted, potentially receiving a prison sentence of up to five years.

Occupation Orders

An occupation order determines who can live in the family home. It can:

• Require the abuser to leave the home
• Prohibit the abuser from entering the home or a defined area around it
• Allow you to return to the home if you have left
• Regulate who can live in the home

Types of Occupation Order

The type of order available depends on your connection to the property:

• If you own or rent the property (alone or jointly), you have a right to occupy and can seek orders to exclude the abuser
• If only the abuser owns or rents the property, you can still seek an occupation order, but the court considers additional factors including the length of your relationship and the effect on the abuser

Balance of Harm Test

When deciding whether to make an occupation order, the court applies the balance of harm test. If it appears the applicant or any relevant child would suffer significant harm without an order, and that harm is greater than the harm the respondent would suffer if the order is made, the court must make the order.

Emergency Applications

In urgent cases, we can apply for protection orders without giving the abuser advance notice. This is called an ex parte or without notice application.

When Are Emergency Applications Appropriate?

• There is an immediate risk of violence
• Giving notice would increase the risk of harm
• The abuser may flee or hide assets
• Delay would cause serious harm

Same-Day Protection

In genuine emergencies, we can often obtain orders on the same day or within 24-48 hours. The court treats domestic abuse applications as priorities and will list urgent hearings quickly.

What Happens After an Emergency Order?

If an order is made without the abuser being present, there will be a return hearing, usually within 14 days, where both parties can attend. The abuser can then contest the order, and the court will decide whether it should continue.

Legal Aid for Domestic Abuse

Legal aid is available for domestic abuse cases. You may qualify for free legal representation if you:

• Have evidence of domestic abuse (police reports, medical evidence, refuge letters, court orders, etc.)
• Meet the financial eligibility criteria

We can assess your eligibility for legal aid at your initial consultation. If you qualify, you will not have to pay for our services. If you do not qualify, we will discuss funding options with you.

Evidence of Domestic Abuse for Legal Aid

The following can be used as evidence:

• A police caution or conviction for domestic violence
• An ongoing police investigation
• A relevant protective order (non-molestation, occupation, restraining order)
• Evidence of domestic abuse from a multi-agency risk assessment conference (MARAC)
• A letter from a GP, health professional, or social services
• A letter from a domestic abuse support organisation
• Evidence of admission to a refuge

How We Can Help

Our experienced domestic abuse solicitors provide:

Urgent Legal Advice

We understand that domestic abuse situations can escalate quickly. We offer prompt appointments, including outside normal office hours when necessary, to assess your situation and advise on immediate protection.

Protection Order Applications

We prepare and present applications for non-molestation and occupation orders, including emergency without-notice applications when needed.

Court Representation

If your case goes to a contested hearing, we provide robust representation to ensure your voice is heard and your interests protected.

Safety Planning

We work with you to consider your safety, including referrals to domestic abuse support services, refuge accommodation, and other specialist support.

Related Family Law Matters

We can also assist with related matters including divorce, child arrangements, and financial settlements, ensuring all aspects of your separation are handled sensitively.

Frequently Asked Questions About Domestic Abuse Protection

What if I have no evidence of abuse?

You do not need physical evidence to apply for a protection order. Your account of what has happened is evidence. The court will hear your testimony and consider all the circumstances. Keep any evidence you do have, including messages, photographs, and notes of incidents.

Will the abuser know I have applied for an order?

If we apply on an emergency without-notice basis, the abuser will not know until the order is served on them. For non-emergency applications, they will receive notice but this does not mean they will know your current address or whereabouts.

What if we have children together?

Having children does not prevent you from obtaining protection. The court can include children in non-molestation orders. Separate child arrangement orders can ensure safe contact arrangements that protect both you and your children.

Can I get a protection order if we were not living together?

Yes. You can apply against any associated person, including partners you have never lived with, provided you fall within the eligible categories.

How long do protection orders last?

Non-molestation orders can last for a specified period or until further order. They are typically made for 12 months but can be extended. Occupation orders are usually made for shorter periods, often 6 months, though this varies.

What if I want to drop the order later?

If your circumstances change and you want to vary or discharge an order, you can apply to the court. However, we would always advise careful consideration before removing protection that was put in place for good reason.

Contact Us Urgently

If you are experiencing domestic abuse and need legal help, please contact us as soon as you safely can. Our compassionate team is ready to help you take the first steps towards safety and freedom.

Call us now: 0161 466 1280

Visit us: First Floor, 1024 Stockport Road, Manchester M19 3WX

All consultations are completely confidential. We can arrange to meet at a safe location if needed, and we will never contact you in a way that could put you at risk. You deserve to feel safe, and we are here to help.

In an emergency, always call 999.

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