Domestic Abuse
Wolferstans has a specialist domestic abuse team who are experienced in dealing with injunctions and other work necessary to protect victims of domestic abuse.
Domestic abuse can be both physical and emotional and can happen in any relationship regardless of age, sex, race, wealth or sexuality. Domestic abuse is not just physical abuse. It can also include:
- Mental and emotional abuse
- Threats and harassment
- Financial abuse
- Coercive and controlling behaviour
- Sexual abuse
- Abuse of children
How we can help to protect you and your family from domestic abuse
Victims are often unaware that they are in an abusive relationship. Even once people recognise that they are a victim, they then may not know who to turn to.
The law provides a variety of remedies to protect victims of domestic abuse. Victims should not delay in seeking help, support and advice. Please get in touch to discuss how we can help you by calling 01752 292201.
The following protection orders are available:
Non-Molestation Order
A non-molestation order is intended to prevent your partner or ex-partner from threatening or using violence against you or your loved ones. If your abuser breaches the terms of a non-molestation order they can be arrested as it is a criminal offence, so it can be a highly effective deterrent. A non-molestation Order will normally remain in place for between six and twelve months.
Occupation Order
These orders determine who should occupy the family home. It can prevent one person from returning to a property once they have left or it can require someone to leave the property within a certain timescale and prevent them from returning thereafter. The Order can also exclude them from a certain distance around the property. A power of arrest is not automatically attached to an Occupation Order but can be if the court considers it necessary. An application for an Occupation Order is normally made with notice to the Respondent because it deals with who is allowed to occupy the home.
Alternative to Court
If you do not wish to seek the protection of a Court injunction, you may just ask for a warning letter to be sent to the perpetrator advising them that if they do not cease their behaviour then an application to the Court for an injunction will be necessary. This may resolve matters without the need to attend Court.
Our domestic abuse fees and legal aid
Clients are often worried about the cost of going to Court. Although eligibility for Legal Aid has been vastly reduced, the majority of victims of domestic abuse will qualify for legal aid, subject to a financial means assessment.
We will undertake an assessment of your means and Legal Aid can be granted to you on an emergency basis if the application to the Court is urgent. If you are not eligible for Legal Aid, then we can advise you as to the likely costs of sending a warning letter or making an application to Court and it may be that a fixed fee can be agreed.
Our experienced domestic abuse lawyers
Vikki Martin – Partner, Head of Family Department, Solicitor
Angela Parsons – Senior Associate, Solicitor
Rebecca Moloney – Senior Associate, Solicitor
Amber Parkinson – Solicitor
Who to contact if you have been a victim of domestic abuse
999 - If you are in immediate danger
101 - Non emergency
Plymouth Domestic Abuse Service (PDAS) – 01752 252033
Plymouth Refuge – 01752 562286
Men’s Advice Line – 0808 8010327
Broken Rainbow (lesbian, gay, bisexual and trans-gender) – 0845 2604460
Shelter Line – 0808 8004444
In an emergency always dial 999.