Advice Centre

Speak to a member of our specialist international team of UK family lawyers today on 0330 107 0107.

This case examines the legal challenges faced by domestic abuse victims pursuing divorce and child arrangement proceedings. Domestic abuse spans physical, sexual, emotional, financial, and psychological abuse, which can deter individuals from leaving an abusive partner. IMD Solicitors LLP assists clients in these situations by supporting applications for non-molestation orders, occupation orders, and funding options to address financial dependency.

Understanding Domestic Abuse Beyond Physical Harm

Many clients initially struggle to recognise their experiences as domestic abuse, often due to misconceptions about its scope. While physical abuse is more visible, the law recognises a broader range of abuse, including verbal, financial, sexual, and psychological control. This understanding allows clients to appreciate their rights, helping them consider options for leaving an abusive environment and taking steps to secure protection.

Legal Measures for Protection and Support

Non-Molestation Orders:

• A non-molestation order can restrict an abusive partner from contacting the victim, including by phone, email, or physical approach, or carrying out other activities and behaviours which would constitute abuse towards the victim. It also covers places of work and home, helping ensure a degree of safety.

• These orders are crucial for those who may experience a rise in abusive behaviour following the filing of divorce papers, and solicitors can provide guidance to help secure this protection.

Occupation Orders:

• For clients who need to remain in the family home, an occupation order can give them exclusive residence rights, requiring the abusive partner to leave. This order may also specify that the abuser cannot return to the property.

• An occupation order is a legal order under the Family Law Act 1996 that regulates who has the right to live in the family home when there is a dispute, usually in cases of domestic violence or relationship breakdowns.

• To obtain an occupation order, the applicant must meet certain conditions and prove that they satisfy the legal tests set out in the legislation.

• The court must balance the interests of both parties and will consider whether it’s reasonable to remove the respondent from the property, taking into account any children and the consequences of removing either party from the home.

Without Notice Orders:

• In high-risk cases, a solicitor may advise seeking a without notice order, allowing protective measures to be granted without the abuser’s prior knowledge. This approach is used when notifying the other party might increase the risk of harm to the client.

Addressing Financial Dependency and Funding Options

A common challenge for victims of domestic abuse is financial dependency, which can prevent them from pursuing legal action. IMD Solicitors LLP assists clients by reviewing options for court fee exemptions.

For clients facing financial hardship, exemption from court fees can open access to legal options. We also work closely with financial organizations that specialize in assessing our clients’ financial situations. These professionals can help determine whether our clients are eligible for legal fee loans, which can provide the necessary financial support to cover the costs associated with legal proceedings. This service is particularly helpful for those who may be facing financial challenges, allowing them to access the legal representation they need without delay.

Responding to Abusive Reactions and Ensuring Safety

Filing for divorce or making child arrangements may prompt violent or coercive responses from abusive partners. IMD Solicitors LLP offers strategies to handle these situations and protect clients’ rights:

• Ensuring Immediate Safety: Through connections with criminal law professionals, clients receive support if threats escalate to levels requiring police involvement.
• Securing Child Arrangements: The welfare of children remains the highest priority. Solicitors assist clients in applying for child arrangements orders to set safe custody and visitation terms. Where an abusive partner threatens to disrupt childcare, legal intervention can protect clients’ rights to a stable home for the children.

Long-Term Support Beyond Immediate Protection

Clients often need ongoing support to rebuild their lives after leaving abusive partners. IMD Solicitors LLP’s work extends beyond divorce and protective orders, connecting clients to resources that provide long-term assistance. Following divorce, clients may still require legal help for enforcing custody and maintenance orders or handling any disputes that arise. Continued support ensures compliance with court orders and allows clients to move forward securely.

Key Insights

This case study outlines the significant role of legal support in helping victims of domestic abuse secure safety, legal protections, and a path toward independence. Key insights include:

• Broad Definition of Domestic Abuse: Domestic abuse extends beyond physical violence to cover psychological, financial, and other controlling behaviours, enabling more individuals to access protection.
• Protective Orders: Non-molestation orders, occupation orders, and without notice orders serve as valuable tools in ensuring clients’ immediate security and peace of mind.
• Financial Options for Legal Support: Fee exemptions and the possibility of obtaining a legal fees loan provide financial solutions that allow clients to pursue legal protection without undue hardship.

Legal professionals play a critical role in helping clients affected by domestic abuse through both practical legal actions and essential connections to wider support. This comprehensive support from IMD Solicitors LLP gives individuals the protection, resources, and stability needed to start a new chapter free from abuse.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit International Divorce section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.