If you are living with a person who is violent or threatening to you or your children. you may need to leave home, at least temporarily, in order to protect yourself.
Where can I go?
You may be able to stay temporarily with a friend or relative. If not, or if you fear the violent person night follow you there and you are a male, you could try a night shelter.
Otherwise if you are a female, a women's refuge may be able to offer you advice and temporary accommodation for you and your children.
What is a night shelter?
A night shelter will provide emergency over right accommodation for men. Night shelters vary as to what services they provide. Whilst some only provide a place to sleep, others have catering facilities and staff who are available to provide advice and assistance on such issues as benefits and finding alternative accommodation.
What is a womans refuge?
A women's refuge is able to offer confidential counselling and information over the phone and if necessary emergency accommodation day or night, 7 days a week.
- The address is kept as secret as possible, to protect the women who stay there.
- The refuge workers will offer support and advice on how to claim benefits and find a Solicitor, and you will be able to meet other women who have had similar experiences.
What if I cannot go to a women's refuge or night shelter and do not have any friends or relatives who can accommodate me?
If you, for whatever reason are unable to go to either of the above you can contact the Housing Advice Section at South Hams District Council's Housing Department who may be able to provide you with temporary accommodation whilst a more permanent solution is found.
Are there any alternatives to leaving my property?
If you are suffering from physical violence within the home, you should always consult a Solicitor who specialises in Family Law and get legal advice. You may be able to claim Legal Aid to help you with the costs of this.
Your Solicitor will advise you that it may be possible to get a Court Order, known as an Injunction, against the person you live with.
An injunction can do a number of things. It can order the violent person:
- (a) Not to assault or harass you (a Non Molestation Order)
- (b) Not to assault any children living with you.
- (c) To leave the house (an Ouster Order).
- (d) To keep a certain distance away from your home or any other place where you go regularly, such as your work.
- (e) To let you back into your home, if you have been forced out.
If the violent person breaks the injunction they are in contempt of court, and can be brought back to court to face a judge who can vary the order to make it more effective or even sentence the person to a term of imprisonment. If you are assaulted or threatened, you can always call the Police who will be able to assist you.
If I leave what will happen to my house?
If the person being violent to you is your partner it may be possible to reach a voluntary agreement whereby your partner leaves and agrees to you having the sole tenancy or ownership of the property.
If a voluntary agreement is not possible it may be necessary to go to Court and ask the judge to award the home to you and your children. A Solicitor, as well as the Housing Advice Section, can give you further advice on the options available to you.
If I lose the rights to my property will the Council re-house me?
Under the HousingAct 1996 Part Vii, (Homelessness) the Council has a duty to provide advice and assistance and if necessary temporary accommodation to persons who it is considered have suffered or are at risk of physical violence.
A Housing Advisor will consider your individual circumstances and provide you with the appropriate confidential advice and assistance.
Under the Homelessness Legislation, a person must do everything reasonably possible to retain their property. Consequently, you should not voluntarily give up the rights to your home as it could seriously jeopardise any application you make to this Council under the homeless persons legislation if you do.
