Domestic Violence and Abuse

What is abuse?

When you are in an abusive relationship, we can act quickly to protect you and your children. Sadly, domestic abuse is very common. Anyone can experience domestic abuse regardless of age, sex, religious beliefs, disability or class. For some, there are simply no boundaries.

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other then physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

How we can help

At McAlister Family Law we know that acknowledging and accepting that you are in an abusive relationship can be one of the hardest things that you will ever do.

At our initial meeting we will provide you with clear and sound advice, and a plan on how to remove you from what could be a dangerous situation. Our experienced legal team are able to act quickly and if necessary, can seek an order from the court to protect you and your children when domestic abuse is taking place.

Court orders: Domestic Abuse

In some instances, a telephone call to the police or help in seeking refuge to a safe environment will provide sufficient protection to a victim of domestic abuse. For others, an application to the court for an injunction order will be required.

The court can grant such orders urgently on the day the application is issued. Such emergency orders will often be applied for without notice to your partner. This means that your partner will not have advanced warning that you are going to court to address any immediate safety concerns.

Non molestation order:

Prohibits your partner or spouse from using or threatening violence against you or your children, or intimidating, harassing or pestering you.

Occupation order:

Is an order requiring your partner or spouse to leave the home. Orders can be made to suspend an individual’s right to occupy the home and in some circumstances exclude the individual from a defined area around the home.


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