Legal Advice
One of the services offered to all those who make contact with Basildon Women’s Aid is access to confidential Legal Advice. For many women entering the Refuge, Legal matters may be the last thing on their mind, but it gives them comfort to know that when they are ready to deal with legal matters, there is an experienced family law solicitor to advise them. Even if you are not a resident at the Refuge, you can meet with one of our solicitors to discuss matters in a relaxed confidential environment.
Why do you need Legal Advice?
It is very important to seek legal advice to protect your position and examine the legal possibilities that are open to you. There is a vast range of advice open to you. Here are some examples:
Injunctions
You may be seeking protection from violence and abuse and you may need some advice about obtaining an injunction through the Court. Injunctions are not magic remedies and they involve hard work on both you and the lawyer’s part. They are the final resort when all attempts at resolving the issue on an amicable basis have failed. Many women come to the refuge for a short period whilst this work is carried out and then return when all the legal proceedings have been completed and they are protected by an order of the Court. There are two main types of injunctions (also called protection orders):
Non-molestation order
A non-molestation Order is an Order of the court which states that your partner cannot use or threaten violence against you, nor can they intimidate, pester or harass you. The Order will be handed to your partner so that they are aware that they cannot be abusive to you during the term of the Order. The Order is only a piece of paper and will not physically protect you from further Domestic violence. If, however, your partner does not comply with the terms of the Order you may be able to apply for their committal to prison for any breach of the Order.
In some cases the Court will attach to the non-molestation Order a Power of Arrest. If a Power of Arrest has been attached and a breach of the non-molestation Order occurs you may telephone the Police to report the incident. The Police will then be obliged to arrest your partner and bring them before a judge when the said judge will decide whether to sentence your partner to a term of imprisonment for the breach.
Occupation order
An Occupation Order states that your partner should leave your home and must not re-enter the property. In some circumstances it is possible to obtain an Order which prevents your partner from coming within 100 metres of your home.
Housing
The local authority will have a duty to help if you are homeless or if you are threatened with homelessness. Threatened with homelessness means that you are likely to become homeless within 28 days. You can still be considered homeless if you are living in a refuge or if you have a home but it is likely that you will experience violence or threats of violence if you return.
You will be considered unintentionally homeless if someone has used or threatened violence against you and you have been forced to leave your home because of domestic violence.
If you are fleeing domestic violence you are entitled to apply to any local authority and the local authority will not be allowed to refer you back if there is a risk of violence to you if you return. It is not necessary to have a local connection in cases of domestic violence.
Housing is a priority for many women and it may be that having considered advice, you do not wish to return to your home and feel that you cannot do so. You may need legal advice regarding homeless applications to the local housing authorities. Our in house solicitor works very closely with the refuge staff and the housing representatives in this matter.
Children
You may need advice about your children, particularly in terms of their ongoing relationship with their other parent. Many women are very fearful that their former partners will apply for Residence or Contact under the Children Act 1989. We have to discuss carefully the issues relating to such matters such as what is in the best interests of the children concerned. Some people have involvement with Social Services, which have to be dealt with, and our in house solicitor will advise you on all aspects of this area of the Law if necessary.
Relationship Breakdown
For some women, they may wish to discuss the breakdown of their relationship or marriage. Once again, complete legal advice is required in this regard on matters of divorce and separation with the emphasis on children and financial matters.
Housing is a priority for many women and it may be that having considered advice, you do not wish to return to your home and feel that you cannot do so. You may need legal advice regarding homeless applications to the local housing authorities. Our in house solicitor works very closely with the refuge staff and the housing representatives in this matter.
No matter what the problem
No matter what the problem, one of our legal advisors, Cathy Bannister or Tracy King will be able to offer confidential legal advice. They offer free first interviews and will assess your eligibility for Legal Aid if appropriate. In all cases, they will explore with you the various options and take a full note of your circumstances, bearing in mind your priorities at any time.
They are there to give you the best advice and try and find the most child-centred and least confrontational solution. If Court proceedings are the only way out, then they will give you the best representation and advice.
No matter what the problem, one of our legal advisors, Cathy Bannister or Tracy King will be able to offer confidential legal advice. They offer free first interviews and will assess your eligibility for Legal Aid if appropriate. In all cases, they will explore with you the various options and take a full note of your circumstances, bearing in mind your priorities at any time.
They are there to give you the best advice and try and find the most child-centred and least confrontational solution. If Court proceedings are the only way out, then they will give you the best representation and advice.