Injunctions, domestic abuse, asset disposal

01/06/2020

Domestic violence Domestic abuse is one of the most difficult and sensitive areas. The Court has a very wide range of powers to intervene in the event of domestic violence. Any victim of domestic abuse, whether physical or verbal, may require the protection of the Court on an emergency basis. We will explain the remedies available to you in the case of domestic violence, which may range from orders for "non-molestation" to prevent violence or intimidation, or "occupation" orders requiring a spouse or partner to leave a property. Orders made by the Court are capable of being enforced by the police and must be taken extremely seriously. Equally, if you are faced with an application perhaps requiring you to leave your home immediately, you will require expert and objective advice on where you stand and how you should deal with the application. Asset disposal Sometimes a party involved in a relationship breakdown may try and dispose of certain assets in an attempt to reduce the assets that appear to be available for distribution between the parties. In such circumstances, the Court has wide-ranging powers to stop this asset disposal and set aside any dispositions. On the other hand, a party may wish to legitimately dispose of an asset during divorce proceedings but is restricted or prevented from doing so by the other party. In cases of asset disposal, expert legal advice is likely to be required before any application to the Court. Children In exceptional cases, an injunction may be required to protect your child or children following the breakdown of your relationship. For example, if one parent wants to remove the children from England and Wales against the other parent's wishes, if there has been some violence towards a child, or if a parent refuses to return a child after a contact visit. If you need to apply for such an injunction, or an order defending an application of this nature, we can provide the expert advice you require.