Domestic abuse or violence is defined as any incident, or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other.
Abusive Behaviour can take various forms. Abuse can include Coercive control, financial abuse, physical abuse and sexual abuse. In addition, abusive behaviour can involve gas-lighting, stone-walling and narcissistic personalities.
Gas-lighting is a form of coercive behaviour where one person attempts to gain control over the other by distorting the reality. Such behaviour is often repeated on multiple occasions, causing the victim to feel uncertain, doubt their understanding and even their sanity.
Stone-walling is another form of emotional abuse whereby the perpetrator ignores the victim and refuses to engage/communicate with them (often referred to as the ‘silent treatment’). Stone-walling may also include dismissive behaviour and/or condescending remarks to another person, by telling them that they have overreacted.
Non-Molestation Orders
A Non-Molestation Order is an Order that prohibits a person from making contact (whether directly or indirectly) with a victim, from taking steps to intimidate, pester, harass and/or use any violence (or instruct a third party to do so) against the victim. Breach of a Non-Molestation Order is an arrestable offence and the offender may be committed to prison in certain circumstances.
Occupation Orders
An Occupation Order is an Order made by the Court to declare, restrict or enforce a person’s rights to occupy a home. Whilst Occupation Orders provide short term solutions only (usually lasting 6 months), they can be extended and serve as a useful adjustment period to enable the person applying to source more long term options for both parties. Occupation Orders may be applied for on an emergency basis ‘without notice’ to the other party. Given their draconian nature, Occupation Orders will only be granted in cases where the Judge considers that both the ‘balance of harm’ and ‘core criteria’ test have been satisfied.
The ‘balance of harm test’ refers to the Court’s duty to consider and balance the level of harm likely to be caused to the person applying for an Occupation Order or if any child of the family is likely to suffer significant harm as a result of the respondent’s favour if the Order was not made. In any cases concerning a child, his/her wellbeing will always be the Court’s paramount concern.
The ‘core criteria’ test takes into consideration the relationship between the parties and their respective entitlement to occupy the property. If the applicant is entitled to the property then the Court must consider the following core criteria, as per Section 33(6) of the Family Law Act 1996
- The housing needs and resources of each party (plus any relevant child);
- The likely effect of any order/decision made by the Court on the health, safety or well-being of the parties (and of any relevant child);
- The conduct of the parties in relation to each other.
If the applicant is not entitled to the property, then the Court will need to consider additional factors such as the length of the relationship, the length of separation (if any) and the needs of any relevant child.
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What our clients say about the Alsters Kelley family solicitor team
I have had an excellent experience with Jackie Lee who was in charge of my mediation meetings. She was extremely competent, professional, trustworthy, and reliable. I could form a strong trust relationship on the first day and could feel that the meetings were organised and held fairly and professionally. She is a great professional and a great human being!
Anonymous, January 2026, Family: Divorce, Finances, Separation & Child Arrangements
My needs were well matched as Jackie Lee steered me through a difficult divorce, always putting my concerns and outcomes at the centre of all her work. Her advice was second to none, as was her excellent representation in the family courts.
Anonymous, January 2026, Family: Divorce, Finances, Separation & Child Arrangements
Jackie Lee provided a client focused service and was knowledgeable, easy to deal with, and fought her client’s corner!
Anonymous, January 2026, Family: Divorce, Finances, Separation & Child Arrangements
Jonathan thank you very much for acting on my behalf during this process. Your professionalism, humour and candour certainly made the rough ride of divorce much smoother than it could have been. As a result, Alsters Kelley is now my go to firm in matters that require legal assistance.
NB, January 2026, Family: Divorce, Finances, Separation & Child Arrangements
Jonathan – I want to thank you for your work and support over the time you have dealt with my case. I’m really pleased and relieved that the whole issue has been sorted out and we can all move on with our lives.
SS, July 2022, Family: Divorce, Finances, Separation & Child Arrangements
Throughout my divorce and financial settlement process, Jonathan has been a point of constant reassurance; providing professional advice with a rational approach, while always focusing on achieving the best possible outcome for my case.
I initially spoke to Jonathan when he was based at a law firm in Kent, and immediately felt at ease. I knew Jonathan would be someone I’d want to represent me. So much so, that a few months after our first conversation, I tracked Jonathan down to his new firm when he relocated to the West Midlands and I was right, he was – and has been – completely committed to guiding me through an unsettling time.
Thanks to Jonathan’s unwavering determination, I was able to achieve a settlement that at one stage, I wouldn’t have thought was possible. I would recommend Jonathan to anyone, without any hesitation.
A Young, March 2022, Family: Divorce, Finances, Separation & Child Arrangements
The team at Alsters Kelley has been invaluable. Jonathan Miller‘s professional, informed and efficient approach has been vital, offering much needed reassurance throughout a daunting process. Jonathan demonstrates a high-level of client care, providing clarity on complex issues and acting promptly, always happy to pick up the phone to talk through queries. Simone Bartha has provided an equally estimable service, who’s measured and transparent approach has helped resolve issues swiftly and with minimal fuss. I would have no hesitation in recommending their services.
M Jodka, January 2022, Family: Divorce, Finances, Separation & Child Arrangements
I always feel better when I have spoken to you. Thank you for all your assistance last year. I would definitely recommend you to anyone going through a divorce or separation.You’ve given a professional and efficient service at all times.
Mrs W, July 2021, Family: Divorce, Finances, Separation & Child Arrangements
always supportive and understanding during very anxious time for me…
Mrs W, July 2021, Family: Divorce, Finances, Separation & Child Arrangements
I would like to say how much I appreciate the manner in which you are dealing with my case. (Family)
Mr R Smith, July 2021, Family: Divorce, Finances, Separation & Child Arrangements
Local family solicitors for you
At Alsters Kelley Solicitors, we provide quality legal advice throughout the Midlands, with offices based in Banbury, Coventry, Leamington Spa, Nuneaton, Southam and Stratford-upon-Avon. We also cover areas including:
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