Legal Options & Rights

You may feel like you have no rights or options but you do. We can help you navigate your legal options and understand your rights. Below are just some of the options available to you and the rights that you have.

 

Injunctions

We can support and advise you, so that you understand exactly what getting an injunction will involve and what you should expect. 

 

What is an injunction?

An injunction is a court order, which forbids an abuser from doing certain things, such as contacting you, or compels them to do things, such as leave the home. The two most common types of injunctions used in domestic abuse cases are:

 

 

This type of order will prevent an abuser from harassing, intimidating or pestering you or any children who live with you.  The abuser does not have to have been physically abusive in order to obtain this type of order. 

 

 

This type of order will establish who has a right to stay in the home.  In order to apply for this type of order, you will need to know if you or your abuser (or both of you) is legally entitled to occupy the property.

 

Can I get an injunction in an emergency?

 

It may be possible to make an application called an ex-parte application without informing your abuser, the court will need to be persuaded that you or your children are at risk of significant harm.  If this type of order is granted, the court will still need to hear from both parties and a date for a full hearing will be set.

Further Information  

Rights of Women “Domestic Violence Injunction Handbook” Provides step-by-step advice on filling in the forms at www.rightsofwomen.org.uk.Or call the free legal advice line on 0207 251 6577.

 

Domestic Violence Injunctions Information Sheet:

Legal Services Commission

Telephone     0845 345 4345
Website         www.legalservices.gov.uk

Legal Services Commission offers free legal advice on:

  • Family breakdown

  • Debt

  • Benefits

  • Legal Aid eligibility

  • Advice on finding a solicitor  

 

Divorce & Separation

 

Even if you have experienced domestic abuse taking the decision to separate or divorce can be difficult and complex. It is important that you seek advice and support about the best course of action for you, either through a Solicitor experienced in domestic abuse issues or through a specialist service like ESDAS. 

 

Get further information on your rights and options here or call us.  

 

Resources and Further Information 

 

Divorce Information Sheet

Financial Arrangements after Marriage Breakdown 

Dissolving a Civil Partnership Information Sheet 

Financial Arrangements after a Civil Partnership Breakdown 

Sanctuary Scheme

Women's Aid the Survivors Handbook

 

ESDAS means to me 

 

 

 

 

 

 

Helpful

Supportive

Informative

Invaluable

A Survivor