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  • legal-options
  1. Resources
  2. Legal Options

Legal Options

If you are frightened of your current or former partner, then you have a right to be protected under the law

In the UK, people who have been subjected to domestic abuse can seek legal protection through civil law or criminal law.  

Your rights include:

  • Under criminal law you can report your abuser to the police
  • Can apply for a civil court order to tell your abuser to stop harassing or hurting you, or to keep out of or away from your home
  • You can get help with emergency or temporary accommodation
  • The law can also help to protect your children.  You can apply to the Family courts for an order specifying where and with whom the children should live, and regulating contact with the other parent

Many people do not realise that there are two types of law in the UK:  Criminal law and civil law.  Domestic Abuse can fall into one or both categories.

Civil law is aimed at protection.  It applies to many different areas where a person may want to assert his or her legal rights.  If you have been subjected to domestic abuse you can make an application for an injunction, prohibited steps order or a child arrangements order through the Family Proceedings Court or the County Court (usually through a solicitor)  

Criminal law is aimed at punishing the offender.  It applies where a person is charged with a criminal offence such as assault or harassment and a criminal court can sentence the abuser to various punishment such as a fine or imprisonment.

Some options are listed below, but if you have been subjected to domestic abuse you should get advice from a solicitor to find out the best means of legal protection. 

If you have a low income, you can apply for public funding (previously called legal aid) through your solicitor to cover some or all of the costs of any legal work.

There are three types of injunctions available through civil law to help protect people from domestic abuse.  These are:

Non-Molestation Order - to protect applicants and their children from harassment, threats and violence.  Orders can be tailored to individual cases to stop abusers from doing particular things, such as ringing their ex at work etc.  Breaching a non-molestation order is a criminal offence and can carry a punishment of up to 5 years in prison.

Occupation Order - to prevent an abusive partner or ex-partner from living in or turning up at the family home.

Forced Marriage Protection Order - to change the behaviour of anyone trying to threaten or manipulate a family member into marriage against their will.  Breaching a Forced Marriage Protection Order can carry a punishment of up to 2 years in prison.

Further information on domestic abuse and the law can be found below:

Womens Aid

Rights of Women

FLOWS

Contact Us to find out how we can help 01267 238410

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Registered office: Ty Myrddin, Cambrian Place, Carmarthen SA31 1QG
Phone: 01267 238410

Example is a company limited by guarantee registered in England and Wales under number 0338609 and registered as a Charity number 1064046