Legal steps to walking away from domestic abuse
Anyone who has been a victim of domestic abuse can attest to the toxic environment under which they are forced to live every single day. When children are also part of the mix, it becomes increasingly difficult to take those steps to walk away, while knowing that that is absolutely what they need to do for their own, and their children’s safety.
Aside from the psychological and emotional trauma and guilt that goes hand in hand with the break up of a family, there are also a number of legal considerations that you need to take into account. The general narcissistic nature of an abuser means that they are adept at manipulating systems of authority to their own benefit. Knowing what those systems are, end being prepared will ensure that you maintain some semblance of control in an otherwise uncontrollable situation.
Always make sure you have a safe space
If you are a victim of domestic abuse, your safety and that of any dependents should be the top priority. Ensure you have a safe place to go to, such as a shelter or the home of a trusted friend or family member. Taking your own legal steps could place you in a vulnerable position if your abusive partner finds out your intentions, so always make sure you have an escape route in place.
Seek Legal Advice
You need to find a firm of solicitors that specialise in family law and domestic violence. Although it is possible to make various specific applications yourself through official government websites, your chances of success increase exponentially when working with professionals who have the knowledge and experience of the intricacies of the processes.
Make applications for the relevant order
In cases of domestic abuse, there are a number of different orders for which you may be eligible. Your lawyer will be able to advise if you need a protection order, an occupation order, a non molestation order, a prohibited steps order, or a specific issue order. An occupation order, for example, could give you the right to occupy the family home and prohibit your abusive partner from entering the home even if they are the legal owner and still paying the bills. This vital order could give you the breathing space you need to start making alternative arrangements without the constant threat and toxicity.
Keep a record of EVERYTHING!
This cannot be stressed enough – you must keep records of all incidents of abuse, including dates, times, and descriptions of what occurred. If there are witnesses to the abusive behaviour keep a record of their names and contact details and request that they provide testimonials.
This evidence is crucial for the courts to get a clear and unequivocal picture of the violence and threats of violence that you and your children are living under.
File for Divorce or Legal Separation
Making that break away from an abusive partner is a massive step that requires grit and determination. As well as the division of the property and assets, the most challenging decisions to make will be around parental rights and arrangements around custody, visiting and financial child support.
Surround yourself with love and support
Whatever your situation, it is vital that you surround yourself with people who are there to support you. Too often the emotional manipulative techniques of an abuser can persuade you to return back to what is presented as a ‘changed’ person, who has stopped their violent ways and just wants their family back. And so the cycle starts again.
Don’t let this happen to you.
Seek support from friends, family, support groups, and mental health professionals to help you through this difficult time. And most importantly, follow the legal procedures and requirements in your jurisdiction when separating from an abusive partner. Your lawyer can guide you through these processes and ensure that your rights are protected.
