Advice for those accused of domestic abuse or harassment

If someone makes a valid complaint against you for aggressive behaviour, then it is of course essential that you cease such behaviour immediately. However, cases are not always so clear cut and you may find yourself in a position where you feel unfairly accused. If this is the case, you will need legal advice in order to give your version of events and prevent further repercussions.

ACT IMMEDIATELY

You may be summoned to a Court hearing in which case it is crucial to see a family law solicitor at once about being represented in Court. Similarly, if you are served with a Court Order it is important to seek legal advice on what to do next.

Your solicitor will be able to help you solve many of the problems associated with a Court Order against you and help prevent you from doing anything which could violate the terms of the order. For example, should you wish to see your children or recover belongings from your property, your solicitor will be able to find appropriate solutions which do not jeopardise your position.

If you find yourself summoned to a court hearing it is strongly advised that you seek legal representation from a specialist family solicitor. In some cases, the Legal Services Commission may grant you legal aid funding to pay for such representation however this is not readily granted [please note that we are unable to help you with regard to legal aid]. The Court may demand that you commit to an “undertaking” which is essentially a promise to the court not to do certain things. Should you breach your undertaking, then you may be subject to a contempt of Court application from the accuser which can have very serious implications.

FUNDING

The Legal Services Commission is most likely to grant legal funding in cases where your job or residency is under threat. In such instances your legal representation may be paid for; however this is subject to the Legal Services Commission’s discretion and a full evaluation of your financial eligibility.

Should you be taken to Court for breaching an order you will generally qualify for legal funding (again depending on financial eligibility). This is because you could potentially go to prison, meaning that your freedom and not merely your financial position is at stake.

For legal advice on domestic abuse or harassment accusations call our experts today

It is crucial that you seek the right advice if you are accused of domestic abuse or harassment and our specialist family solicitors have the expertise you need.

To reach one of our solicitors, simply phone any of our offices, or email advice@the–divorce-solicitors.co.uk.