Domestic Abuse

At Rutherford Sheridan Solicitors we can assist you in obtaining the courts protection against Domestic Abuse through various protective orders. We offer a free initial consultation with one of our solicitors either in person or by telephone. Domestic abuse is when someone close to you behaves in such a manner that can cause physical, mental or emotional damage. Domestic abuse can you leave you feeling as though you are alone; that there are no options out there; and any that do exist may be costly. We are here to let you know there are various protective measures you can take to leave a domestic abuse situation and many individuals will qualify for legal aid. Please contact our office to arrange an assessment for legal aid eligibility.

Interdicts

An interdict can ban any behaviour that is unlawful. Unlawful doesn’t just mean illegal, but includes any actions that infringe your rights. So for example you can apply for an interdict banning an individual from:

coming within a certain distance of your home or place of work; coming within a certain distance of your child’s school, removing furniture or belongings from your home; threatening you; physically assaulting you; verbally abusing you; making abusive phone calls or doing anything to frighten, alarm or distress you or your children.

Power of Arrest

A power of arrest can be attached to an interdict. This gives the police the right to arresst the individual where there are reasonable grounds to believe that an interdict has been breached. The power can be ordered against any individual who is abusing you mentally or physically. This could be a partner who doesn’t live with you; an ex-spouse; ex-civil partner or ex-partner; a family member or neighbour or someone who is stalking you. This order is a strong prevention method and means that the individual the order is against can be arrested without the need for a warrant if they are in breach of the order.

Exclusions

An exclusion order is a type of protective court order that suspends the right of a married person, civil partner or cohabitee to live in the family home. You can apply for an exclusion order if your spouse or partner has done or is threatening to do something that has harmed or would harm you or your children either physically or mentally. This will probably need to be more than one isolated incident that was out of character.

Non-Harassment Order

If you gain a non-harassment order granted against a partner it means their behaviour outlined in the order becomes a criminal offence. Anyone who is being harassed can apply for a non-harassment order, it is available to married people, cohabitees and is available to protect you against family members; neighbours or strangers. The behaviour you want to prevent must have happened at least twice and can apply to such matters as phone calls and texts, letters and following you.

Legal Aid

If you cannot afford to pay for a solicitor, legal aid is available for most cases. This can cover the costs of the order you are applying for. Please do not hesitate to contact us to find out if you are eligible for legal aid.