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If you are in immediate danger call 999.
If you are experiencing Domestic Abuse
The main objective, if you are experiencing Domestic Abuse, is for you to have a home where you can be safe.
If you are experiencing Domestic Abuse, there are a range of options open to you. Depending on your individual circumstances, these don’t always include leaving your current home.
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Option one: If you want to stay in your home
If you want to stay in your home but by doing so you would be at risk of abuse, you may be able to take legal action to obtain a court order. Court orders do not guarantee you protection but can be a deterrent. You need to consider whether this is right for you.
Getting a court order (injunction)
An injunction is a court order that requires someone to do or not to do something. Some injunctions can be applied for as an emergency and the other person need not be aware of the application when you first apply for an injunction against them. You may have to go to court a second time and this time the other person can be present to tell their side of the story to the court.
There are two main types of court orders available under Part IV of the Family Law Act 1996: Non-molestation orders and Occupation orders.
Non-molestation order
This type of order would be used to tell a person to stop being violent or abusive. ‘Molestation‘ can cover many forms of behaviour including harassment and pestering. In making a ‘non-molestation order’ the court must consider all circumstances including the need to secure your health, safety and well-being or that of a child.
Occupation order
This type of order can enforce the following:
- your right to occupy
- to allow re-entry to the home
- to regulate occupation by both partners
- to exclude one from all or part of the home
- to suspend/terminate the right of one partner to occupy
In making the order, the court must consider the housing needs and resources of both parties and any children. It also looks at the financial resources and the effect of making or not making the order on the health, safety or well-being of each side and any relevant child and considers whether significant harm will result from either making or not making an order.
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Option two: Option of staying in your home and having it made safer to live in
We call this a ‘Sanctuary Scheme’. The scheme helps victims of domestic abuse to remain in their own accommodation, but only where it is safe for them to do so, where it is their choice and where the perpetrator does not live in the accommodation. Some victims of domestic abuse wish to consider this option rather than feeling compelled to move, disrupting education, employment, family and support networks.
The main feature of the scheme is to make your home more secure. Possible help may include extra locks on windows and doors, gated security to the outside of a property, fire hammers, fire blankets, or the creation of a safe room in your home where you can go and can call the police if you feel the person is trying to come into your home.
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Option three: Respite accommodation with relatives or friends
You could seek ‘respite’ accommodation with friends or relatives to enable a planned move into other accommodation.
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Option four: Option for tenants of a council or of a registered social landlord only
Your options could be you terminating any joint tenancy and granting you a new tenancy for the property you occupy.
Terminating any joint tenancy and granting you a new tenancy through a transfer.
Evicting your abusive partner from the tenancy for breach of the tenancy conditions.
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Option five: Option of moving into a refuge
If you want to consider moving into a refuge there are options for accommodation and support. There is a national network of safe accommodation across England and Wales.
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Option six: Advice on your longer-term tenancy or ownership options
The most important thing now is to make sure you are safe. Once this has happened you can start to think about your longer-term options and the implications for the type of tenancy or ownership rights you may have. There is no rush.
Leaving in the short term to find a place of safety will not affect your rights regarding the property you have come from, but it is important to get advice as quickly as possible. Your rights to remain in the home in the long term will depend on several factors.
The Haven
The Haven is the provider for the city, who can help you understand your options, and support you and others to stay safe.