My partner and I live together. I have recently been experiencing problems with his behaviour. He has started hitting and threatening me. I want him to leave our property but he refuses. What can I do to protect myself?
Physical violence is something that nobody should have to tolerate. Unfortunately there are so many people who are suffer from domestic abuse and they suffer in silence.
If you are subjected to domestic violence then you can take steps to protect yourself from further harm. You can make an application to court for an order forbidding your partner from using or threatening violence against yourself and forbidding him from intimidating or harassing you. This is commonly known as an injunction.
Once an injunction is obtained this will prevent your partner from doing any of the above. If your partner does use or threaten violence against your or attempts to intimidate or harass you then you can call the police who will then arrest him. Disobeying such an injunction is a criminal offence. This therefore means that your partner would be arrested and the breach of the injunction would be dealt with at the Magistrates court. The punishment that the Magistrates court can impose if your partner is found guilty can be imprisonment for up to 5 years and or a fine.
You can also apply for an order excluding your partner from your property. This is known as an Occupation Order. Before making such an order the court has to take into account a number of factors such as whether you or any children you may have are likely to suffer from harm from the behaviour of your partner. If there has been violence then it is very likely that the courts will grant the Occupation Order. The Occupation Order can order your partner to move out of the property and to stay away from the property for a precise amount of time. It can also order him not to return for a period of time which is usually 6 months.
If you have been subjected to domestic violence it is important that you contact us as soon as possible after the incident takes place so that we can apply for an injunction without your partner knowing about it if necessary.
If you wish to discuss this matter in further detail or would like a free 30 minute appointment then please call Jordans solicitors on 01977 518778.