Best Domestic Violence Lawyers in Margate

About Domestic Violence Law in Margate, United Kingdom

Domestic violence is treated seriously across the United Kingdom, including Margate in the county of Kent. The law covers physical violence, sexual abuse, emotional and psychological harm, economic abuse, and the offence of controlling or coercive behaviour. The Domestic Abuse Act 2021 provides a statutory definition of domestic abuse and recognises children as victims in their own right when they witness or are affected by abuse. Local agencies - including Kent Police, local councils and specialist support services - work together to protect victims, pursue criminal charges, and offer civil remedies to help keep people safe.

Why You May Need a Lawyer

You may need a lawyer for domestic violence matters for several reasons. If you are seeking a non-molestation order or an occupation order to stop someone approaching or living in your home, a family solicitor can help prepare evidence, draft the application, and represent you at court. If criminal charges are brought, a criminal defence or prosecution solicitor can advise on reporting, evidence and court procedure. Lawyers can also advise on child arrangements and safeguarding, on obtaining legal aid, on options for divorce or separation where finances and property are at stake, and on liaising with the police, social services and specialist support agencies. Specialist domestic abuse solicitors and independent domestic violence advisers can also help navigate multi-agency processes such as MARAC - Multi-Agency Risk Assessment Conferences.

Local Laws Overview

Key legal tools and processes you should be aware of locally include:

Criminal offences - Assault, harassment, stalking, sexual offences and the specific offence of controlling or coercive behaviour are criminal matters. Kent Police investigate allegations and the Crown Prosecution Service decides whether to bring charges.

Domestic Abuse Act 2021 - This Act provides a statutory definition of domestic abuse, recognises children as victims, and strengthened protections and duties for public bodies.

Emergency protection - In urgent cases police can use powers such as the Domestic Violence Protection Notice and Domestic Violence Protection Order to remove the alleged perpetrator from the home for a limited period and provide immediate protection.

Civil remedies - Family law remedies include non-molestation orders, occupation orders and injunctions under the Family Law Act 1996 and other family law provisions. These can prevent contact, exclude a person from the home, and protect children.

Legal aid - Legal aid may be available for certain family and criminal matters where the case meets financial eligibility and merits tests. Specialist advice is important to determine eligibility.

Disclosure schemes and safeguarding - The Domestic Violence Disclosure Scheme, sometimes called Clare's Law, allows someone to ask the police if a partner has a history of abusive behaviour. Local safeguarding partnerships and MARAC processes co-ordinate risk management for high-risk cases.

Frequently Asked Questions

What counts as domestic violence in Margate?

Domestic violence includes physical assault, sexual abuse, threats, harassment, controlling or coercive behaviour, financial control, emotional and psychological abuse, and other behaviour that causes harm or fear. The Domestic Abuse Act 2021 sets out a broad statutory definition that applies across the UK.

What should I do if I am in immediate danger?

If you are in immediate danger call 999 and ask for the police. Try to get to a safe place if you can. If the situation is not immediately life-threatening but still serious, contact Kent Police through the non-emergency number, and consider contacting a local specialist support service or an independent domestic violence adviser for help creating a safety plan.

Will the police arrest the alleged perpetrator?

Police will assess the evidence and the risk. Where there is reasonable grounds to suspect an offence, the police can arrest. They also have powers to place emergency protection notices or seek orders to remove the alleged perpetrator temporarily from the home. Whether an arrest is made depends on the individual circumstances and the evidence available at the scene.

How do I get a non-molestation order or occupation order?

You can apply to the family court for a non-molestation order to prevent someone from intimidating or contacting you, and for an occupation order to exclude someone from your home in certain circumstances. A solicitor or a specialist domestic abuse service can help with the application. In urgent situations there are procedures to get emergency hearings. Supporting evidence from police reports, medical records and witness statements will strengthen your application.

Can I get legal aid for domestic violence cases?

Legal aid may be available for criminal cases and for some family law applications related to domestic violence, particularly where there is a risk to safety or where children are involved. Eligibility depends on your financial situation and the merits of the case. A local solicitor or legal aid adviser can assess your eligibility and explain the process.

What is coercive control and is it a crime?

Coercive control means patterns of behaviour that are controlling, isolating, or intimidating and that have a serious effect on the victim. It can include monitoring, limiting contact with family, restricting access to money and making threats. Coercive or controlling behaviour is a criminal offence in England and Wales when it is repeated and has a serious effect on the victim.

Can men be victims of domestic violence in Margate?

Yes. Domestic violence affects people of all genders, ages and backgrounds. Men can be victims and can access the same criminal and civil protections, support services and legal remedies as women. Specialist services and support exist for male victims, and organisations can advise on legal options.

What happens if I report historical abuse?

You can report historical abuse to the police. The police will assess the report, take a statement, and may investigate. Even if the incident is historic, there may be opportunities for criminal proceedings or for accessing support services. Evidence and witness availability will affect the investigation, but the police and Crown Prosecution Service consider historical reports seriously.

How will a criminal prosecution affect family law proceedings?

Criminal proceedings and family law proceedings are separate processes. Criminal cases focus on whether an offence was committed and on prosecution by the state. Family law cases focus on protection, arrangements for children, finances and housing. Courts will consider the safety of victims and children; a criminal charge or conviction will be relevant to family court decisions. It is important to get legal advice so the processes are co-ordinated where necessary.

What support is available for children affected by domestic violence?

Children who witness or experience domestic abuse are recognised as victims in their own right under the Domestic Abuse Act 2021. Local authorities, schools and specialist child support services can provide safeguarding, counselling and practical assistance. The family court considers the best interests of the child when making orders about residence and contact, and specialist reports can be requested to assess risk to the child.

Additional Resources

For urgent safety: call 999 in an emergency. For non-emergency police contact, use the Kent Police non-emergency number.

Local policing and safeguarding teams in Thanet and Margate provide frontline response and can signpost to local specialist services. Kent County Council funds and coordinates domestic abuse support services across the county.

National and local charities provide specialist support, advice and refuge options. Organisations that commonly help include Victim Support, Refuge, Women’s Aid, Respect for perpetrators seeking to change behaviour, and local domestic abuse services and refuges. Independent domestic violence advisers provide practical and court support for high-risk victims.

The Crown Prosecution Service handles criminal prosecutions and can advise on how cases are progressed. Citizens Advice and local law centres can advise on housing, benefits and legal aid eligibility. Local solicitors with experience in domestic abuse and family law can help with court applications, legal aid assessments and representation.

Next Steps

If you need legal assistance in Margate take the following steps.

1. If you are in immediate danger call 999. Your personal safety is the priority.

2. Contact the police to report the incident and request an incident number and details of any investigation. Ask about protective measures and how to obtain a Domestic Violence Protection Notice or other immediate protections.

3. Seek medical attention if needed and keep records - photographs of injuries, medical reports, messages, emails and any witness details. Preserving evidence can be important for both criminal and civil cases.

4. Contact a specialist domestic abuse service or an independent domestic violence adviser for practical safety planning and support with court processes.

5. Get legal advice from a solicitor experienced in domestic abuse and family or criminal law. Ask about legal aid if you have limited financial means. A solicitor can advise on non-molestation orders, occupation orders, disclosure schemes, and how court processes work locally.

6. If children are involved, inform the relevant agencies so they can assess safeguarding needs. Keep records of any concerns and contacts with schools or social services.

7. If you are unsure where to start, contact Victim Support or your local domestic abuse service for confidential guidance on next steps and referrals to legal advisers and refuge services if needed.

Getting help early can improve safety and legal options. A solicitor or specialist adviser can explain the local process in Margate and help you choose the right route for protection and justice.