Raleys Solicitors

Question: After several years of violence and verbal abuse I have finally summed up the courage to separate from my husband. He seems willing to leave as he has admitted to seeing someone else but I am unsure of my rights if he suddenly refuses. He has been very violent towards me and, unfortunately, our son has witnessed this.

Raleys Solicitors say: It must have been a great relief when you finally gained the courage you needed. I can understand your concern for the future but please be assured that there are ways to protect yourself, and your son.

If your husband is violent again your first port of call should always be the Police. They are specifically trained to handle situations of domestic violence and can caution or arrest the perpetrator. They could also use a Restraining Order to prevent your husband coming within a certain distance of you.

In addition to the Police, it would be wise to seek the advice of a specialist Family solicitor. A solicitor has several remedies to call upon in a situation such as yours. If your husband leaves your home but continues to harass you, an application can be made to the Court for a Non-molestation Order. Such an order can prohibit the violent person from ‘molesting’ the person applying for the order. ‘Molestation’ would include harassment and pestering but must be sufficient to warrant the intervention of the Court. From the information you give, your legal advisor should have no difficulty in securing such an order.

A Non-molestation order can also have a power of arrest attached to it. In this case, if your husband breached the terms of the order, a Police Officer would have automatic power to arrest him without a warrant. This can often prove to be an effective deterrent in itself but if your husband were to breach the order the Police would act and he would be arrested.

I note that you are also concerned to know your rights should your husband refuse to leave at the last moment. If this happens your legal advisor would have the option of applying for an Occupation Order. Such an order would require your husband to leave your home and, in some circumstances, stay away from the area where your home is situated. In accordance with legislation, the Court must make an Occupation Order if it appears that the person applying for it, or any relevant child, is likely to suffer significant harm as a result of the violent partner’s conduct. In these circumstances, the Court must be satisfied that the harm to the person applying for the order would be greater, or at least equal, to that suffered by the person who will be ordered to leave the home if the Order were made. Again, from the information you give it seems that you would have a compelling case for achieving such an Order. Both Occupation and Non-molestation Orders can be applied for on an ex parte basis, which basically means without notice. This means that your legal advisor could apply to the Court without having to give notice to your husband.

Finally, I am sure that you will be concerned about whether your husband will want to have contact with your son when he finally leaves the home. The Courts take the issue of domestic violence extremely seriously, especially where children are involved. You do not say whether your husband has ever been violent with your son but I note that he has witnessed the violence towards you. If you are concerned for your son’s safety then your only option may be to deny contact. In these circumstances, your husband could make an application to the Court to have the contact reinstated. You would then have the opportunity to tell the Court about the violence towards you and explain the concerns you have for your son. The Court would have to take various steps to thoroughly investigate your allegations and concerns before deciding how, and indeed whether, contact should take place.

If you have a family law question, e-mail Raleys Solicitors: family@raleys.co.uk.

The contents of this article are intended for general information purposes only and shall not be deemed to be or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.