Domestic Violence

Domestic Violence Solicitors Leeds

At Consilia Legal, we have a wealth of experience dealing with domestic violence/domestic abuse matters, and we are mindful of the sensitive nature and position our clients are in if subjected to domestic violence.

Domestic violence covers more than just physical violence and threats. It extends to sexual violence, emotional or psychological abuse, harassment or controlling behaviour.

There is no statutory definition of domestic violence, however the cross governmental definition is “any incident or pattern of incidents of controlling, coercive, 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” (see Home Office: Domestic violence and abuse).

Controlling behaviour is a range of acts designed to make a person subordinate or dependent by:

  • Isolating them from sources of support;
  • Exploiting their resources and capacities for personal gain;
  • Depriving them of the means needed for independence, resistance and escape;
  • Regulating their daily behaviour.

Coercive behaviour is an act or a pattern of acts comprising of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten the victim.

 

Domestic Violence – what can we do to help?

The courts have wide injunctive powers that can assist with protecting applicants from violence committed by or threatened by a person associated with the applicant.

We recommend that you report the matter to the police as soon as possible. The police can often take immediate action if necessary and they will usually record that there has been a domestic violence issue. The police will also provide you with details of domestic violence charities or a local women’s refuge if required.

We suggest that if you are suffering from domestic violence that you also take the following action:

  • Ensure a fully charged mobile phone is at hand in case of emergencies;
  • Know both the emergency and local police station telephone numbers (the local police can now be contacted by dialling 101) and the numbers of any relevant organisation, such as social services;
  • Know telephone numbers for trusted friends and relatives;
  • Suggest a code word to use when calling others to identify that the police should be alerted;
  • Ask trusted friends or relatives to check on you;
  • Keep any car fuelled and ready to go with a spare key at hand;
  • Keep a bag of essential items at a place of safety containing cash, clothing, important documents and telephone numbers;
  • Ensure your home is securely protected.

 

Protection Against Domestic Violence

Often the police do not wish to get involved in family matters and will advise you to obtain a Non-Molestation Order.

A Non-Molestation Order is a protective order which will prohibit an individual from molesting including that an individual must not:

  • Use or threaten violence towards you or any relevant children;
  • Intimidate, harass or pester you or any relevant children;
  • Contact you or any relevant children directly or indirectly;
  • Damage, attempt to damage or threaten to damage the family home or any property belonging to you;
  • Instruct or encourage another person to take any of the above actions.

You can also obtain a Prohibited Steps Order to prevent the individual from attending or coming within a specified distance of the family home, place of work and/or children’s school.

You may also need to consider obtaining an Occupation Order, which regulates who should live in a property if you and the abuser are still under one roof. This order can exclude the abuser from the home.

 

Occupation Order

If you are married and you own a property jointly or rent with your former spouse, you may find yourself in a difficult position where neither one of you wishes to leave the property. If you both own the property, or the tenancy agreement is in joint names then you both have equal rights to reside in the property.

If there is a domestic violence or child protection issue, then there are certain orders that you can apply for to get your former partner out of the property. An Occupation Order can be applied for and if successful the order will state who can live in the property or enter the surrounding area.

The court takes a strict approach when assessing if an Occupation Order is required. We are happy to provide you with further legal advice based on each person’s individual circumstances.

 

Emergency Protection Against Domestic Violence

If you require emergency protection, we would need you to come into the office as soon as possible to provide your detailed instructions. In emergency situations, we will ensure that the application is submitted to the court within the next 24 hours to ensure you get the necessary protection as a matter of urgency.

 

Legal Aid Relating to Domestic Violence Matters

Legal aid is available for domestic violence matters on a means-tested basis, however, we do not have a legal aid contract. We are more than happy to speak to you in the first instance and if you are eligible for legal aid we will refer you to a legal aid solicitor.

For more information speak to one of our experienced family solicitors on 0113 322 9222 or enquires@consilialegal.co.uk

Contact Sarah

What Our Clients Say About Our Family Law Services

Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

Jen Huggett

Absolutely five star service from Laura Clapton and her team, always kept informed of progress, and Laura was always available on the end of the phone to answer any questions. Highly recommended, thank you Consilia Legal.

Jane C

Professional and personal. Vicky was very caring and listened to my issue, advice was clear and easy to understand. Vicky ensured my mind was at ease and I knew my options. Excellent service. Sarah really knows the family sector, she puts you at ease instantly and ensures you are aware of all the options. Would definitely recommend this service. Thank you for your help.

Catherine White

Vicky guided me through the legal context of an employment and was very efficent, approachable and supportive. I would highly recommend this company and Vicky to others who need legal support and advice. Many thanks.

Maureen Sheridan

Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

Julia Mariani

I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

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What our clients say about Consilia Legal on

  • review rating 5  Andy from Consilia Legal was fabulous in providing support and advise in what was a very difficult period in my working life. We managed to get a fair deal for my settlement and all with in a short space of time. Once again thank you Andy

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  • review rating 5  I was most impressed with the speed and efficiency which Andy Boyde at Consilia Legal handled my case. I selected Consilia Legal after reviewing previous feedback which had positive comments regarding the areas I was interested in. The way my case was handled turned a stressful situation into a quick and stress free process. I would have no hesitation in recommending Consilia Legal.

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  • review rating 5  I recently needed legal help with a settlement agreement post a redundancy. I have never had the need to use a solicitor's services before. Going by the great reviews on Consilia I decided to give their services a go. I had the pleasure to be attended by Emma Cartlidge and she made the experience simple and easy. The offer was reviewed and amended with precision and I needn't worry about anything. I would recommend Consilia to anyone nervous about using legal services and in need of employment law advice.

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  • review rating 5  Victoria Horner offered me employment law advice over the telephone and via email which was impartial but ultimately a game changer in the redundancy situation I found myself in with my employer. Victoria’s advice was instrumental in allowing me to negotiate redundancy and meant I was fully abreast of the law when having conversations with my employer. Victoria presented to me options which I have not yet considered or been made aware of a being entitled to which placed me in a stronger position when in dialogue with the HR department I was dealing with. This made me feel more empowered and gave me back some control during a very unsettling and confidence eroding time. Thank you Victoria.

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  • review rating 5  Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

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  • review rating 5  Very quick and reassuring response from Andy and the team here after a very difficult situation at work. Referred from Citizen Advice Bureau because all other firms seemed less bothered about my needs versus their fees. Andy gave great advice and helped explore my options so I could respond appropriately without being cornered by my work. Ended up with a very amicable outcome! In difficult times you need people like Consilia to help guide and support you... thanks guys

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  • review rating 5  Professional and received good customer service. I would really recommend them as they helped me to negotiate my way out of a difficult work situation on the best terms possible. Andy was very polite and knowledgable.

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