Domestic Violence

Incidents of domestic violence, especially ongoing abuse, require urgent, emergency steps to provide protection from harm. Our team can help you arrange protection against violent partners through the Family Court by seeking a Non-Molestation Order and/or an Occupation Order to ensure that the violent partner or family member is restricted from coming near your home.

There is a misconception that domestic abuse/ violence results in the form of a physical act or injury. However, abuse also takes concerns behaviour that is controlling, emotional/ psychological/ verbal/ sexual/ harassment/ intimidation/ financial and stalking.

Legal Aid may be available with this service.

Legal aid is government assistance to meet legal costs for persons who are unable to afford legal representation.*

Domestic Violence

It is important to seek protection for not just yourself but also family members who are impacted, particularly children. There a are a number of court orders that we can take action through such as non-molestation and/ or occupation orders.We are here to help and will give you legal advice in complete confidence and sensitivity to provide a remedy to stop such abuse occurring further.

Unfortunately, Domestic Violence is a more common occurrence that you may think. Emotional abuse as well as physical also comes under this umbrella. Expert and confidential advice is at hand if you are a victim of domestic violence. Where necessary, urgent representation for Non Molestation Orders (injunctions) and Occupation Orders are available.

Non Molestation Order

This order prevents an individual from using threatening or violent behaviour towards a person including towards children. The individual is also prohibited from instructing or encouraging others to use or threaten violence against the persons named in the order if you think that they will encourage others to do so.

If this order is breached, Police may intervene to arrest the individual.

Occupation Order

This order is used to provide protection to you and your children by stating who can and cannot live in the family home. Whether you are seeking full exclusion from the home or just at certain times, each order will differ.

Occupation Order can have a power of arrest attached to it which means if the order is breached, Police may intervene to arrest the individual.

If you are a victim of Domestic Violence, legal aid may be available. Contact us to find out more.

Foreign Nationals

If you are a foreign national and have been a victim of domestic violence or abuse then you may qualify for indefinite leave to remain in the UK.

The Home Office guidance1 defines domestic violence or abuse as

“ Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.

This can include, but is not limited to, the following types of abuse: • psychological • physical • sexual • financial • emotional.”

The domestic violence (DV) provisions of the Immigration Rules apply to persons who have previously been granted leave to enter or remain as the: spouse, or civil partner or unmarried or same-sex partner of a:

British citizen,

or settled person,

or member of HM forces who has served for at least 4 years.

020 7604 3572

We can assist you, if you are a victim of domestic violence or abuse in respect of initial advice as to your immigration position in the UK

We can assist you in applying for indefinite leave to remain in the UK,

We can help in liaising with the Home Office, and relevant social services,

We can attend Home Office interviews with you,

If your application for ILR is refused by the Secretary of State we can help with preparation and advocacy for your appeal before the First-tier Tribunal.

Haris Ali Solicitors can help

Here To Help

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