Legal Options and Rights

You may feel like you have no rights or options but you do. We can help you navigate your legal options and understand your rights. Below are just some of the options available to you and the rights that you have.

What is an injunction?

An injunction is a court order, which protects you or your child from being harmed or threatened by the person who’s abused you - this is called a ‘non-molestation order’ and /or decides who can live in the family home or enter the surrounding area - this is called an ‘occupation order’

Before you apply, you can check if you’re eligible for a non-molestation order or an occupation order.

The person named in the injunction can be arrested if they break it.

A non-molestation order will prevent an abuser from harassing, intimidating or pestering you or any children who live with you. The abuser does not have to have been physically abusive in order to obtain this type of order

An occupation order will establish who has a right to stay in the home. In order to apply for this type of order, you will need to know if you or your abuser (or both of you) is legally entitled to occupy the property.

More information can be found here

Can I get an injunction in an emergency?

It may be possible to make an application called an ex-parte application without informing your abuser, the court will need to be persuaded that you or your children are at risk of significant harm. If this type of order is granted, the court will still need to hear from both parties and a date for a full hearing will be set.

We can support and advise you, so that you understand exactly what getting an injunction will involve and what you should expect.

More information is available from:

Rights of Women “Domestic Violence Injunction Handbook” Provides step-by-step advice on filling in the forms at www.rightsofwomen.org.uk.Or call the free legal advice line on 0207 251 6577.
Domestic Violence Injunctions Information Sheet:
Legal Services Commission

Telephone 0845 345 4345
Website www.legalservices.gov.uk

Legal Services Commission offers free legal advice on:

Family breakdown
Debt
Benefits
Legal Aid eligibility
Advice on finding a solicitor

Divorce & Separation

Even if you have experienced domestic abuse taking the decision to separate or divorce can be difficult and complex. It is important that you seek advice and support about the best course of action for you, either through a Solicitor experienced in domestic abuse issues or through ESDAS.

Get further information on your rights and options here or email us: support@esdas.org.uk.