Domestic abuse is a grave issue that affects many families across the United Kingdom. It encompasses a range of behaviours, including physical violence, emotional abuse, financial control, and coercive behaviour. It can have a devastating effect on both the victims and their children.
Understanding the legal framework and knowing what steps to take can be crucial for those affected by domestic abuse. This blog aims to provide an overview of domestic abuse from a family law perspective and outline the actions you can take to protect yourself and your loved ones.
Domestic abuse is defined by the UK government as any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence, or abuse between those aged 16 or over who are, or have been, intimate partners or family members, regardless of gender or sexuality. The abuse can manifest in various forms, including:
A Non-Molestation Order is a type of injunction that aims to protect victims of domestic abuse from further harm. It can prohibit the abuser from:
Breaching a Non-Molestation Order is a criminal offence and can result in arrest and prosecution.
An Occupation Order regulates who can live in the family home. It can:
To qualify for a Non-Molestation or Occupation Order the applicant must be an ‘associated person’ with the abuser, such as a spouse, cohabitant, family member, or someone with whom they share a child.
In urgent situations, victims can apply for an emergency order without notifying the abuser. This is known as an ex parte application. The court may issue a temporary order to provide immediate protection until a full hearing can be held.
The Impact of Domestic Abuse on Children
Children who witness or experience domestic abuse can suffer long-term emotional and psychological harm. The effects can include anxiety and depression, behavioural issues, difficulty forming healthy relationships and poor academic performance.
Legal provisions for children
In cases involving children, a Prohibited Steps Order can prevent the abuser from taking certain actions, such as removing the child from the care of the victim or from the country.
Child Arrangement Orders
A Child Arrangements Order can determine where the child(ren) will live, how much time the child(ren) will spend with each parent and where it needs to be supervised, and specific issues such as schooling an medical treatment.
The court will consider the child’s wishes and feelings, the impact of any change of circumstances and of the ability of each parent to meet the child’s needs. Sometimes the child(ren) will be spoken to by a professional such as a CAFCASS officer and in rare circumstances, can speak to the Judge.
You can read more about Child Arrangement Orders in our blog here.
Consulting with a family law solicitor is crucial. They can provide tailored advice based on your specific circumstances and help you understand your legal options to afford you and your children the protection you need.
If you are in immediate danger, call 999. For non-emergencies, you can contact your local police station. Reporting the abuse can lead to criminal charges against the abuser and provide you with additional protection. Furthermore, if you later wish to rely on police evidence in a family court, it will be documented.
Keep a record of all incidents of abuse, including dates, times, and descriptions of what happened. This documentation can be crucial evidence in legal proceedings.
There are numerous organisations that provide support to victims of domestic abuse, including:
These organisations can offer emotional support, practical advice, and assistance in finding safe accommodation.
For more information or to discuss your situation discreetly, please contact us to book an appointment with a member of our team who will be happy to help. You can book a consultation here or contact our offices on 01509 232611.
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