Court Ordered Protection Against Abusive Partners

Legal support is available to help protect you from an abusive partner. In this article we explain the different types of court ordered protection against abusive partners, discuss issues such as child custody and what happens if a protective order is breached, and look at why working with an experienced domestic abuse solicitor can help create a supportive environment.

This article aims to provide valuable guidance but if you are in need of immediate support, please contact the freephone, 24-hour National Domestic Abuse Helpline on 0808 2000 247. You can also find more help at Women’s Aid and Refuge. If you are in immediate danger, please call 999 and ask for the police.

Domestic abuse includes a range of abusive behaviours by a partner or ex-partner. These can include physical violence, psychological manipulation, emotional abuse, financial control, and coercive tactics. Domestic abuse aims to control, intimidate, or harm the victim. It creates an environment where the abused partner feels trapped or unsafe.

A Domestic Abuse Protection Order (DAPO) is a legal measure that is aimed at preventing further abuse. It does so by placing restrictions on the abuser’s actions. For example, a DAPO can instruct the abuser to leave a shared home or order them to avoid contact with the victim. A DAPO is issued by the court when there is clear evidence of abuse or the threat of harm.

A Non-Molestation Order is an injunction which is designed to protect victims of domestic abuse by preventing the abuser from harassing, threatening, or harming them. If granted, the Non-Molestation Order means the abuser must refrain from any actions that could cause distress or fear. Breaching this type of order is criminal offense where the abuser can be arrested.

A restraining order is issued in criminal cases where there has been a conviction or charge of domestic abuse. An injunction, such as a Non-Molestation Order, can be pursued in civil court without a criminal case. Both orders aim to protect victims. Speak to a specialist domestic abuse solicitor to find out the best way forward it your individual circumstance.

If an abusive partner threatens to take your child away it is important to understand that the court will prioritise the child’s welfare. The court assesses the safety and wellbeing of the child, and an abusive partner’s threat may be seen as manipulation. Please seek legal advice from a family law solicitor who can advise you on protective measures and help you establish custody rights.

Breaching a Non-Molestation Order or restraining order is a serious offense and can lead to criminal consequences. If your abuser disregards the terms of an order, you should contact the police immediately, as they are authorised to arrest the individual for breaching court orders. A breach may lead to penalties, including imprisonment.

Working with a solicitor who specialises in domestic abuse and violence offers vital guidance and support throughout the process of seeking protection. Solicitors have a comprehensive understanding of the legal mechanisms available and their experience with these cases can make a significant difference in obtaining rapid, effective protection.

As leading family lawyers in Milton Keynes, we can help advise you about court ordered protections against abusive partners. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.