Author: Karen

Women’s Aid: Helping Healing

/ Karen / 1 Comment

A woman walks into my office. She is quiet… she seems nervous and fidgety.  She shakes my hand weakly and shuffles into the chair. 

I introduce myself, take some basic details – name, address…that sort of thing. She appears reluctant to give me much information… there’s no eye contact, one line answers – she’s almost looking over her shoulder. She looks uncomfortable.

I start to ask how I can help her. She’s having problems with her partner.

“He’s not a bad man” she tells me. “He just sometimes gets angry”. He can call her the most awful of names when he’s angry she tells me. Sometimes the kids are there and can hear him shout at her. She tries her best not to annoy him but her best is never good enough.

He’s hit her once before. More than once, in fact. “Lost count” she admits.

She feels isolated and alone. She needs to get away from this, to stop feeling afraid, but doesn’t know how or even where to start.

Fast forward a few months…

The same lady walks into my office. Head held higher, more confidence in her voice. More open to talk and communicate.

I comment on the positive change I can clearly see in her. She tells me she’s been going to a Women’s Aid group. That she can see things more clearly now – the violence, the abuse, the fear…. all used as a means of controlling her. She feels stronger for seeing this.

She’s met other women at her group who have lived through similar experiences. Everyone tells their stories. She has realised that she is not the only one, that she is not alone. And what a weight has been lifted to know that.

This could be the story of any woman who has engaged the support of Women’s Aid. Certainly any woman I have met who has sought help from Women’s Aid have only had positive things to say about the organisation.

In my own dealings as a lawyer working with various support workers throughout the Women’s Aid organisation, I have seen the positive changes that their involvement brings to women.

So, what is Women’s Aid??

Women’s Aid is a leading voluntary organisation addressing domestic abuse and violence and providing services for women and children.

There are local Women’s Aid groups throughout Northern Ireland who deliver services to women within their local area. We have signposted these local groups here for you.

How can Women’s Aid help me?

If you are or have been the victim of domestic abuse or violence, Women’s Aid provides many services which may be of support to you including the following:-

  • Refuge accommodation for you and your children if you are suffering domestic abuse within your home and need a safe place to stay.
  • Emotional and practical support on legal, welfare, housing and money issues and making safer arrangements for you and your children
  • Support groups and programmes to allow you to talk about and explore your experiences with other women in similar situations.
  • A 24 Hour Domestic & Sexual Violence helpline providing you with free and confidential support and advice.

It can be hard to pick up the phone for the first time. In fact it is only the first step in a long and difficult journey. However, it is good to know that with organisations like Women’s Aid, this is a journey that you do not have to take alone.

You can contact Women’s Aid via their website www.womensaidni.org

At Life Law NI, we want to hear about your experiences of support organisations who have helped you during your time of need. Contact Claire or me through Life Law NI to let us hear your stories.

Karen

Domestic Violence – The Facts

/ Karen / 3 Comments

domesticviolenceHere is a guide to the options available to you if you are in an abusive relationship…

What is Domestic Violence?

Despite what many people think, abuse from a partner is not limited to physical harm – a whole range of controlling and abusive behaviour can constitute domestic violence including the following:-

  • Threatening behaviour
  • Verbal abuse
  • Psychological abuse
  • Sexual abuse
  • Financial control
  • Emotional abuse

I am in an abusive relationship – what can I do?

If you are suffering domestic abuse in your relationship, you are not alone. The good news is that there is protection and help available which can go some way to help you break free from your abusive relationship:-

Police protection

The police treat domestic violence very seriously and have dedicated domestic abuse teams.   It is important that you contact the police immediately if you have suffered abuse from a partner – they are liable to be arrested for any offences committed against you and face a criminal sentence if convicted.

Court protection

You can also apply to the Court for legal protection against your abuser under legislation called the Family Homes and Domestic Violence Order (NI) 1998.

The Court can make two types of Order against your abuser:-

Non-Molestation Order

This is an Order that your abuser cannot molest, harass, pester, use or threaten violence against you. It means that they cannot harass you directly (in person, by text, phone, email or social media) and they also cannot get someone else to harass you on their behalf.

Occupation Order

This is an Order that the Court can make if you live with your abuser or if they have some right to reside in your home (for example, if they are on the tenancy agreement or a joint owner). If the Court grants you an Occupation Order against your abuser, this means that they can be removed from your home and barred from returning to it.

The Courts can also make an exclusion zone, excluding your abuser from a particular place, for example from the street you live in or your place of work.

These Orders can be made on an emergency basis if there has been an incident of abuse within the past 7 days.

If the Court makes Orders in your favour, these are served on your abuser by the police and take effect once served. It is a criminal offence to breach any of these Orders and the police have powers to arrest a person for breaching a Non-Molestation Order.

Support services

If you are suffering from domestic violence, you may need ongoing emotional and practical support and help to break free from the relationship. There are a number of organisations available to provide such assistance, such as the Domestic and Sexual Violence helpline (0808 8021414) Women’s Aid, the Men’s Advisory Project and The Rainbow Project.

With the help of the police, legal system and support services, you do not have to suffer in silence. With the right advice and support, you can escape an abusive relationship and move forward to a happier and healthier life.

Having Contact with Your Children

/ Karen / 3 Comments

parent

Relationship breakdown is a very painful time for the adults involved, but it can be even more difficult for children.

Children within the family are often the innocent and confused casualties of the breakdown of a relationship.

What if I can’t agree contact arrangements with my ex-partner?

Many parents are able to agree between themselves arrangements for their children which enable them to continue to enjoy a relationship with both parents.

For many other families contact arrangements cannot be agreed.  Some parents choose to engage in mediation as a means of trying to negotiate a solution.

Where mediation is not suitable or has proved unsuccessful, an application can be made to Family Courts to resolve the issue of contact.

Children proceedings are dealt with by the Family Proceedings Court – in this Court,  the child’s best interests are the primary concern. This means that the main focus will always be on the welfare of the child first, rather than the rights of either parent.  It is a commonly held view that (if safe and appropriate) a child should enjoy a relationship with both parents.

What will the Court look at when deciding on contact arrangements?

Each family is a unique group of individuals and in considering an application for contact, the Court will look at the particular circumstances of the child and family in question.   Contact arrangements will differ depending on the circumstances of each family.

The views and the feelings of the child involved are also taken into account and a Court Children’s Officer (who is essentially, a Court-appointed Social Worker) may be asked to speak with the children individually to try to ascertain what these are.

How much weight is given to a particular child’s wishes will depend upon the age and understanding of that child: for example the views of a 14 year old child would weigh more heavily in influencing decisions than those of an 8 year old child.

Additionally, a child will not be forced to have contact with someone they are afraid of or who harms them in any way.

What is a Contact Order?

Contact Orders are Court Orders which set out the arrangements for when the non-resident parent can see their children.

Contact arrangements can vary in each case and therefore there are many different Contact Orders which a Court could make including the following:-

  • Indirect Contact – for example,  the exchange of letters, cards and e-mails between parent and child with no regular visits
  • Direct Contact – regular weekly contact between the child and parent
  • Overnight Contact
  • Holiday contact – for example, additional contact at Easter, summer or Christmas.

Contact can also be supervised in cases where the Court directs that a relative or social worker must be present during visits.

How do Court proceedings conclude?

In most cases, Orders are made by agreement between the parents with the help of their legal advisors; this is the most preferable method, as Orders which are made with the consent of both parents are much more likely to work successfully in the future and reduce antagonism between the parties. However where agreement cannot be reached, the Court will fully hear arguments from both parents and will ultimately make a Contact Order which is deemed to be in the best interests of the child.

When seeking a Solicitor to deal with this particular kind of case, it is important that you look for not only legal representation and good negotiation skills; your Solicitor should be understanding and be capable of supporting mothers and fathers through this difficult period in life whilst progressing towards a workable arrangement which is in your child’s best interests.

If you require any further information, please contact us below or email us at info@fhanna.co.uk

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Welcome to Life Law NI!

/ Karen / 2 Comments

At Life Law NI, our aim is to provide both information and a forum for discussion on all legal matters surrounding family life.

From problems about your children, divorce or relationship issues, to discussions on buying your first home or making a Will – we hope that the legal information we provide on our blog will help you navigate through some of life’s challenges.

So, who are we?

We are solicitors working in the Belfast-based firm of Francis Hanna & Co.

CEdgarI’m Claire Edgar.  I qualified as a solicitor in 1996 and head up the Divorce and Family Law department in Francis Hanna & Co Solicitors.   My interests include rowing and being a part-time taxi driver for my two wonderful children. My passion is people – hearing their stories and trying to help them.

 

KConnolly

 

I’m Karen Connolly.  I’m a born and bred Belfast lass and have been working as a solicitor in Northern Ireland since 2006.  I have been part of the Family Law team at Francis Hanna & Co Solicitors for the last 5 years.  I am passionate about the work I do as well as the people I meet.  I love the important things in life –  family, friends… and food!

 

Since we set up Life Law NI in June 2015, we have enjoyed really positive feedback and our followers continue to grow organically.  We are also thrilled to be the only Northern Ireland blog to be listed on Venables Top 100 Legal blogs UK & Ireland

We feature blogs from other solicitors in Francis Hanna and Co and other professionals. Through our Life Supports section, we signpost support organisations who may be able to help you solve any legal problems you encounter through the journey of life. We also created a LifeBites section called  which aims to keep you informed on interesting topics that have been in the news and media recently.

We hope you find our blog informative and useful and would welcome any comments you may have! Please also let us know if there are any particular topics you would like information on…we will help if we can!
To get regular updates on our posts, please click the ‘follow’ link.
Don’t forget to spread the word! Tweet, like, post, share on Facebook…we want as many people as possible to be able to access straightforward legal information.
Karen and Claire