Domestic Violence

penman sedgwick solicitors watford paddling pools

Remedies for domestic violence include non-molestation orders, occupation orders and protection from harassment.

Non-molestation orders and occupation orders can be obtained from the County Court, these Orders are sometimes called Injunctions. Alternatively the Police can prosecute under the Protection from Harassment Act.

Domestic violence can be verbal and emotional as well as physical.

If the violence is serious and/or you are frightened what your partner or ex-partner might do we can apply for the Orders without them knowing about it. This is called without notice.

In most cases they will have the opportunity to defend themselves at a later hearing although you will still have the protection of the earlier Order during this process.

If you need any advice on a Domestic Violence matter then please contact us, and we will respond as soon as possible, or call us on 01923 225212.

Case Examples

Regina .v. Lim
St. Albans Magistrates Court

The Defendant was charged with a Domestic Violence offence, in that he assaulted his wife contrary to Section 39 of the Criminal Justice Act 1988, the alleged facts being that he threw a cup of warm liquid into the face of his wife, assaulted her in the kitchen by pushing her backwards, causing her to stumble, then later grabbed her handbag and seized her mobile phone to check dialed numbers.

  • Penman Sedgwick were instructed on a plea of Guilty.
  • At plea all options were open including custody.
  • At sentence, we mitigated, which was accepted by the Court.

Sentence:

Fine: £500.00
Victim Surcharge: £50.00
Prosecution Costs: £80.00
A Restraining Order for a period of 18 months.
No compensation award to the wife.



Regina .v. Smith
St. Albans Magistrates Court

The Defendant was charged in that he assaulted his girl friend by beating her contrary to section 39 of the Criminal Justice Act 1989. Injury was caused requiring medical attention.

Penman Sedgwick was instructed to Defend on a plea of Guilty.

The Domestic Violence Court took a most serious viewpoint of the incident, and the District Judge at the Plea Hearing left all options open for sentence including custody.

On the return date for Sentence, We mitigated as to the events, injury caused and full circumstances and after deliberation,

Sentence:

Prosecution costs: £85.00
Victim Surcharge: £60.00
Community Order for a period of 12 Months with a Supervision Order for a period of 6 months.
An unpaid work period of 40 hours.

Penman Sedgwick successfully resisted a custodial sentence; compensation to the victim, and a Restraining Order.


Penman Sedgwick Solicitors Watford