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Domestic Violence FAQs

Domestic Violence FAQs

Frequently Asked Questions About Domestic Violence

Our experienced and understanding experts are committed to helping the victims of domestic abuse. We can fully explain the immediate steps you can take to protect yourself and any children and longer term we can give you the support you need to move on. We can also support those who have had allegations of domestic abuse made against them. Our experts can explain what this means, the impact it might have on you and what steps you can take.


Frequently Asked Questions


What is domestic violence?

Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are, or have been, intimate partners or family members, regardless of gender or sexuality.

Domestic abuse occurs across society as a whole, regardless of age, gender, race, sexuality, wealth or geography. Although statistically it mainly affects women, it also affects men although they are less likely to seek help. Children are also affected both directly and indirectly and in some circumstances can be protected by the use of injunction orders.

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What options are available?

Depending on your particular circumstances there are a number of options available which are outlined below:

You can apply to the court for an injunction. An injunction is a court order that a named person should or should not do something. There are two basic types of injunction:

  • Non-Molestation Orders

This is an order forbidding someone from being violent or threatening violence. It also usually covers other types of behaviour such as pestering, intimidating or harassing.

  • Occupation Order

This is an order that regulates the occupation of the home, for example, it might provide for a party to leave the home or for the other party to occupy it exclusively. It might also provide for parties to occupy only certain parts of the home.

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What will happen if I go to court?

Due to the fact that injunction proceedings are highly sensitive they are heard by a judge in Chambers (as opposed to open court) and no one unconnected with your case will be allowed in. You can also ask for your address to be kept confidential to prevent the perpetrator from finding out where you live.

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How long does it take to get an injunction?

Depending on the particular circumstances of your case it may be appropriate to make an application to the court on the same day. This is called a without notice application. Normally however once your application has been issued at the court office and the other person has been served with the court documents you will need to return to the court in a few days for a further hearing.

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I have been served with an injunction, what can I do?

If the order was made without you having notice it should contain a date for the next court hearing. If you deny the allegations you can attend the hearing to set out your position. You may wish to be legally represented at this hearing and therefore it is important to seek legal advice as soon as you receive the order.

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For more information please contact Samantha Hickman in our Divorce & Family Law team on 0117 314 5435. 

Samantha and her team provided exceptional service in my matrimonial matter to make the process seamless and straightforward for all parties involved. I was constantly updated on the progress along each step of the way and communication with Samantha and her team was extremely professional and speedy. I would highly recommend their services as they have been some of the most knowledgeable solicitors I have worked with.

  • Family Law & Divorce Client

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Meet the Team

Our experienced family law and divorce solicitors can advise you on all aspects of your relationship, a relationship breakdown or even a new relationship.

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Samantha Hickman - Partner at VWV
Partner

Divorce & Family Law
Financial Law & Asset Protection

Lucy Barr - Family Law & Divorce Solicitor in Birmingham
Partner
Hannah Petherick
Senior Associate

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