Domestic Violence & Harassment
Domestic Violence & Harassment
Our specialist Family Law Solicitors offer full advice and guidance on all options available to clients in order to protect them from domestic violence or harassment.
For expert help call Stewarts Solicitors on Freephone 0800 783 6125 or contact us (link to contact page) We will also advise on your eligibility for legal aid.
Domestic abuse can be an incident or pattern of incidents of controlling, coercive, threatening, degrading and/or violent behaviour.
Domestic violence can also include many things, such as the constant breaking of trust, psychological games, harassment and financial control. It is rarely a one-off incident and is usually a pattern of abuse and controlling behaviour.
The law seeks to protect those people who find themselves in situations where they are subjected to such abuse. The Courts have the power to make non-molestation and occupation orders, granting same on an emergency (Ex parte) basis when appropriate.
You can apply for a Non Molestation Order if you’ve been the victim of domestic violence, or feel that you are at risk of harm. Such an Order can also be granted for any person deemed to be an ‘associated person’, therefore covering relatives also.
- A Non- Molestation Order seeks to protects you or your child from being harassed, intimidated or harmed in any way by the person who has caused or threatens to cause you harm. The Order not only prevents direct contact, but also indirect contact, whether by phone/message or where relevant on Social media.
- An Occupation Order – can be granted removing the perpetrator from the home, or regulating who is permitted to reside or have access to the property. Regularly an Occupation Order is made in conjunction with a Non Molestation Order.
It is a criminal offence to breach a Non Molestation or Occupation Order. The perpetrator is liable to be arrested for breach of a court order, and the appropriate criminal sanction imposed.
More recently the Domestic Abuse Act 2021 has made ‘controlling and coercive control’ a criminal offence.
Injunction – Protection from Harassment NI Order
Where you do not fall within the category of ‘Associated person’ ie you have not lived with the person, have not married, do not have a child together or are not related, we can advise you on your right to seek an Injunction under the Protection from Harassment Ni Order.
Frequently Asked Questions
Here our experience domestic violence solicitors and harassment solicitors answer some of the most frequently asked questions during our initial free solicitor consultation.
A Non-Molestation Order is available to a full range of ‘Associated’ persons.
An Associated person includes -
- People who are/have been married to each other
- Cohabitants/former cohabitants
- Certain relatives, e.g. father, mother, brother, sister, daughter, son
- Persons who have agreed to marry
- Persons who have a child together
Where there is an imminent risk of harm, an Ex parte application can be filed with the court as early as the day we receive instructions. The court can adjudicate on the matter on such date. Ex parte, means without any noting being given to the other party.
If you are served with proceedings you are entitled to defend those proceedings, and set forward your own version of events. If it was the Applicant, your ex-partner/spouse who was abusive then you can cross summons, apply for an Order against them, setting out their behaviour. The matter can then be listed for a hearing and the Judge can decide whether the Order against you should remain in place or if an order should be made against your spouse/ex-partner. Alternatively the matter can be dealt with by undertakings, a short order be agreed or the matter be withdrawn.
Data Privacy & Protection
Experts in data protection and privacy
If you have been the victim of a data protection breach or incident, please contact with Stewarts Solicitors. We are experts in the field and can help you explore your entitlement to compensation.
Contact Stewarts Solicitors
Our initial consultations are free of charge and obligation free. Please contact us to arrange an initial meeting.
Personal Injury is used to describe any type of injury you suffer due to someone else’s lack of care and attention or negligent behaviour.
Personal Injury claims usually arise from someone else’s negligence and can involve many different situations such as an accident at work, a slip, trip or fall, or being involved in a car accident. The resulting injury can be serious and life-changing, with long term health and financial implications.
Our personal injury solicitors have secured compensation in many different types of personal injury actions.
Road Traffic Accidents
You can claim compensation for road traffic accident injuries if the accident was caused by the fault of another motorist, person or party. You can claim compensation if you were injured as a driver, a passenger, and a pedestrian or if you were riding a motorbike a bicycle or a horse at the time of the accident. You can also claim if you are partly to blame for the accident.
Accident & Injury at Work
When at work you expect to be in an environment where the proper measures have been taken by your employer to adhere to Statutory Duties to protect you in the workplace, whether it be an office, factory or your place of trade. If you have sustained an injury as a result of an accident at work it can be daunting to know where to begin in making a claim for compensation against your employer.
Injuries in Public Places
All companies have a duty of care to visitors to their premises, including members of the public or employees from other companies, to ensure that they are not at risk of injury while visiting them. If it can be proved that insufficient Health & Safety provisions were made; then you may well be entitled to get compensation.
Councils also have a responsibility to ensure that all pavements, roads and bridle paths are clear of defects and well-maintained to avoid accidents.
Unfortunately a large number of people fall victim to an accident abroad, contracting an illness or suffering from an unforeseen injury. Any accident, illness or injury suffered of holiday can of course cause pain and upset, and in addition, often results in disruption to the remaining time spent abroad. However in circumstances such as these there are laws in place to protect those who are the victim of an incident abroad which occurred as the result of circumstances outside of their control.
Asbestos Related Illnesses
Asbestos can be very dangerous. It does not present a health risk if it is undisturbed, but if material containing asbestos is chipped, drilled, broken or allowed to deteriorate, it can release a fine dust that contains asbestos fibres.
Sexual & Physical Abuse
We do understand how extremely difficult it is to come forward and talk about any sexual or physical abuse that you or a close family member has suffered. We know how traumatic the recollection of events can be, and our solicitors will do all they can to ensure that you feel safe and secure throughout the claims process.
In any abuse claim, the abuse of trust can be the most difficult aspect to come to terms with. If you have been subjected to abuse from someone who was in a position of trust, such as a carer, parent or professional, you may be entitled to make a claim for compensation.
Hearing Loss Claims
Noise induced hearing loss (NIHL) also known as Industrial Hearing Loss, is a work related condition that results in the loss of hearing (often over a prolonged period of time) as a consequence of a person’s working environment. Hearing loss often appears years, if not decades later from the original exposure meaning many people do not identify their work as the cause.
Motoring & Criminal
Stewarts Solicitors has a long tradition of skilled representation in criminal proceedings. We provide essential advice and representation in all local criminal Courts and at Police Stations.
In this area of law, it is essential that clients are able to rely upon the skill and experience of their Solicitor to protect their legal rights and personal freedom at all times. Our motoring & driving law department has a highly qualified team with many years of experience.
We cover the whole of Northern Ireland an appear at criminal courts in Antrim Court Solicitors; Armagh Court Solicitors; Ballymena Court Solicitors; Banbridge Court Solicitors; Coleraine Court Solicitors; Craigavon Court Solicitors; Downpatrick Court Solicitors; Dungannon Court Solicitors; Enniskillen Court Solicitors; Laganside Court Solicitors; Magistrates Court Solicitors; Limavady Court Solicitors; Lisburn Court Solicitors; Londonderry Court Solicitors; Derry Court Solicitors; Magherafelt Court Solicitors; Newry Court Solicitors; Newtownards Court Solicitor; Omagh Court Solicitors and Strabane Court Solicitors.
Our experienced family law department offers a full range of services to assist those going through a breakdown in their family relationship.
Many of our divorce solicitors and separation solicitors are also certified Collaborative lawyers, an organisation committed to the constructive resolution of family disputes through non-confrontational communication.
Our Family Solicitors encourage solutions that consider the needs of the whole family, in particular the best interests of any children or dependants.
Our domestic violence and protection from harassment solicitors offer a free initial consultation about domestic violence or abuse in a relationship. The law seeks to protect those people who find themselves in situations where they are subjected to such abuse. The family courts have the ability to make non-molestation and occupation orders and we can help you apply for an ‘injunction’ if you’ve been the victim of domestic violence.
Many of our children law solicitors are accredited members of the Children Order Panel. Our children lawyers are experienced in assisting parents and guardians of children by providing sound, clear advice on the legal requirements and the legal remedies available in relation to parental responsibility, contact and residence of children, together with Prohibited Steps Orders and Specific Issue Orders. We can also assist in Private Law proceedings, if you are applying to adopt a child, or if you are objecting to someone trying to adopt your child.
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