How to get an abusive partner out of your home

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Domestic violence and abuse can be terrifying for victims and their family and friends. If you or a loved one is the victim of abuse, you may be wondering how to get an abusive partner out of your home, and how to keep them out for good.

There are different types of abusive behaviour, ranging from physical and sexual abuse, to emotional and financial abuse. Spotting the signs of an abusive relationship can sometimes be difficult, and some may not even be aware that they are the victim of abuse.

Spotting the signs of domestic abuse

 

Domestic abuse is not always physical, and it can take many forms, such as emotional “gaslighting” and cohesive control, economic and financial abuse, online abuse, threatening or intimidating behaviour. Some of the main signs of domestic abuse may include:

  • Physical and/or sexual assaults
  • Being cut-off from friends and family
  • Controlling, bullying or threatening behaviour
  • A partner taking control of finances
  • A partner limiting or monitoring use of technology 

If you think you, a friend or family member is being abused, some things you should look out for include:

  • Physical marks, such as bruises, scratches, burns or bite marks on the body
  • Becoming withdrawn or isolated
  • Having finances controlled and being unable to pay bills, buy food or medication
  • Not being allowed to leave the home
  • Being pressured into sex or physical intimacy
  • Having someone else monitor communication, such as texts, email and social media
  • Being told that you are overreacting or that you are the cause of the abuse
  • Being belittled and repeatedly put down

 

Leaving an abusive relationship

 

Realising and acknowledging you are in an abusive situation may be the first step to ending the situation. If you decide to leave the relationship, you may have concerns about staying safe. There are a number of advice lines, such as Women’s Aid and the National Domestic Abuse Helpline (0808 2000 247) who may be able to provide you with some advice on safety planning when leaving your relationship.

It may be useful to make a trusted family member or friend aware of your situation so that they can help you leave. You may also wish to report your abuser by calling the police and making them aware of the abuse.

If you decide to end your relationship with your abuser face to face, make sure you have someone close by to help if your abuser becomes threatening or violent towards you. In this situation, you should call 999 immediately.

How to get an abusive partner out of your home

 

If you live with your abuser, they may refuse to leave your home. If you feel intimidated or threatened in your home, you should call the police straight away. If you are wondering how to get an abusive partner out of your home and keep them out for good, fortunately, a number of injunctions can be made to protect you and your family safe from your abuser.

The police can take action to prevent an abuser from returning to your home; they may also prosecute this person; however, this does not always happen and you may require a Court Order to prevent an abusive person from entering your home.

With the help of a family law solicitor, you could obtain a domestic violence injunction to ensure you and your family members are kept safe. Emergency injunctions may be obtainable through the National Centre for Domestic Violence (NCDV).

A solicitor could also provide assistance to victims in need of a divorce from their spouse or separation from a civil partnership due to domestic abuse.

Injunctions to get an abusive partner put of your home

 

A domestic violence injunction is a type of court order which can be made against anyone the victim is associated with who has harmed, or posed a risk of harm towards them. An associated person can include:

  • Someone the victim is/was married or engaged to (or in a civil partnership)
  • Someone the victim is/was living with
  • Someone the victim is/was sharing a household with, for example a flatmate; however this does not include borders, lodgers, employees or tenants
  • A relative of the victim, whether by cohabitation, marriage, civil partnership, or by blood
  • Someone the victim has a child with
  • Someone the victim shares/shared parental responsibility for a child with
  • Someone the victim is/was in an intimate relationship with for a significant period of time 

There are two types of injunctions that can be made and put in place to protect victims and their families. The two type of injunctions include Non-Molestation Orders and Occupation Orders.

  • Non-Molestation Order – This type of order can be put in place to prevent a person from threatening violence, harassing, intimidating, or becoming violent towards the victim. A Non-Molestation Order could be put in place to prohibit an abuser from contacting a victim via telephone, social media, email, or in person.
  • Occupation Order– This type of order can be used to exclude an abuser from the victim’s family home. It can force the abuser to move out and/ or stay a certain distance away from the home. In some cases, the order may stipulate the the abuser is required to stay in a specific part of the home at certain times. It may order an abuser to allow access to the home if they have locked the victim out. It may also order the abuser to continue paying rent, mortgage and/or bills on a home.

 

With the help of your solicitor, you will need to fill in a FL401 form to apply for a Non-Molestation or Occupation Order. A witness statement will also need to be written by the victim or their solicitor setting out the details of the situation and what the victim wishes to achieve by obtaining an order.

How our panel of solicitors can assist

 

Our panel of experienced domestic abuse solicitors will ensure you get the best advice and will ensure you are made safe from your abuser as soon as possible. We can assist by obtaining the right court order or injunction as well as assisting in divorce, child arrangements and ancillary relief.

We understand that being a victim of domestic abuse can be extremely distressing. We ensure that the domestic abuse solicitors on our panel have the skills and experience required to assist on your legal case. We can assure you that your case will be dealt with in a compassionate and understanding manner.

As a victim of domestic abuse, you are likely to be entitled to legal aid to help with legal fees.

Get in touch today using the form at the top of the page to find out if a family law solicitor from our panel could help on your case.

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