At Porto Bella Solicitors we understand that Abuse and Domestic violence can be a very emotional and damaging time. We can advise you on how the law can protect you and discuss options available to you to enable you to decide what you wish to happen. We pride ourselves in offering out of hours appointments at your convenience understanding that an emergency is an emergency.

Is it domestic abuse?

If you answer yes to any one of the below, then this is defined as domestic abuse:

• Physical violence;
• Aspects of control;
• Verbal abuse

How to protect yourself?

If you are in immediate danger, then call 999 for the police. You can also obtain a Non-Molestation Order and/or an Occupation Order.

What is a Non-Molestation Order?

A Non-Molestation Order (also known as an injunction) is a court order, that prevents someone from being violent towards you and your family. It also includes intimidation, pestering, and harassing and can also include restrictions around any known place where you may be eg. Your home or work place. These orders are made by the family court and if they are breached then this is now a criminal offence and you should contact the police immediately.

What is an Occupation Order?

Occupation orders relate to who can live in the family home and can also include on surrounding areas. For example, the court may set boundaries which involve how close the person can get to a property and whether they have access to a family home or business. If breached there can be serious consequences, including being arrested if a power of arrest document was lodged with the Court.

How quickly can you act for me?

When there is deemed to be an immediate risk, we can apply to the Court for an injunction or an occupation order on the same day or the following working day. We do not need to give the other party notice, if you are at risk of immediate harm. We understand the importance of risk and therefore arrange appointments on the same day (often immediately) and at your
convenience.

We will then prepare all the applications to ensure that we can get you to Court on the same day and at the very latest on the next working day. There maybe some situations where the risk to you is deemed to be less dangerous and, in these instances, we will advise you about putting the perpetrator on notice, so they would have notice of any Court application.

Am I entitled to Legal Aid?

You may be entitled to legal aid, provided you are financially eligible. We will complete an assessment with you and advise you whether you are entitled to legal aid. We will also provide you with an estimate of any contribution you may need to pay. If you do not qualify for legal aid, then we offer you a fixed fee for service for representation, allowing you to decide if you wish to proceed.

Want to see us out of hours?

Sure. We have families of our own and understand the need to be flexible. We therefore offer telephone and face to face appointments on evenings and weekends.