Tackling Domestic Abuse
Ending a relationship is never easy, particularly when the relationship has been characterised by emotional, physical or financial abuse. Perpetrators of domestic violence work on isolating, controlling and psychologically wearing down their victims, making them feel guilty and often inflicting physical violence, and so it can be difficult to find the strength to leave.
Covid-19 has only served to exacerbate the situation for domestic violence victims, forcing many to spend additional time with their abusers. It has been revealed that there was one domestic abuse call every 30 seconds in the first seven weeks of lockdown in 2020.
Deciding to leave an abusive relationship is a huge and scary decision and a family lawyer can assist you with advice on your legal position in respect of your finances and any children, whether you are married or not, as well as protection that may be available to you through the family courts.
Non-Molestation and Occupation Orders
A family lawyer will be able to provide you with detailed advice tailored specifically to your circumstances. There are remedies available to victims of domestic abuse in the form of Non-Molestation and Occupation Orders.
A Non Molestation Order is an injunction which offers protection where there is a risk of any violence. It also protects against threats of violence, intimidation, harassment or pestering both in person and through other means such as text messages and phone calls.
Non Molestation Orders usually stay in place from 6-12 months but can be extended.
A breach of a Non-Molestation is a criminal offence and the police have the power to arrest anyone in breach.
Occupation Orders regulate occupation of the family home and define who can live there. Abusers can be excluded from the home whilst the victim and the children remain, or they can be excluded from certain areas of the home.
Occupation Orders usually last for a period of 6 months, although this can be extended for an indefinite period of time in some instances.
Both Non-Molestation and Occupation Orders have a specific set of criteria that have to be fulfilled before they are made which a family lawyer can discuss with you in more detail.
You should try to keep a log of abuse and events which can serve as evidence later down the line. Keep a record of anything which helps to build a picture of your abuser’s behaviour and actions.
Domestic Abuse Act 2021
On 29 April 2021 the Domestic Abuse Bill 2021 was passed through Parliament. The Act is being implemented across criminal justice systems and agencies.
The Act has significantly widened the statutory definition of Domestic Abuse. The definition now includes emotional abuse, coercive or controlling behaviour and economic abuse. Children will also be explicitly recognised as victims if they see, hear or otherwise experience the effects of abuse. In addition, Domestic Abuse now includes situations where a victim is no longer living with their abuser but the abuse is continuing.
The Act will provide more protection to victims in a number of ways, including:
Providing for Domestic Abuse Protection Notices and Domestic Abuse Protection Orders (see below);
Establishing a Domestic Abuse Commissioner who will raise public awareness of domestic abuse, monitor the response of local authorities, the justice system and other statutory agencies and hold them to account in tackling domestic abuse;
Providing that all eligible homeless victims of domestic abuse automatically have ‘priority need’ for homelessness assistance;
Creating a presumption that victims of domestic abuse are eligible for special measures in the criminal, civil and family courts (for example screens in Court or giving evidence via video link);
Prohibiting perpetrators of abuse from cross-examining their victims in person in family and civil courts in England and Wales;
Requiring offenders to be subject to polygraph testing as a condition of their licence following their release from custody, in some circumstances;
Invalidating any courtroom defence of consent where a victim suffers serious harm or is killed, as per the landmark case of R v Brown [1993];
Preventing vexatious family proceedings that can further traumatise victims.
Domestic Abuse Protection Notices and a Domestic Abuse Protection Orders
Domestic Abuse Protection Notices and a Domestic Abuse Protection Orders will offer protection to victims from all forms of domestic abuse, including non-physical abuse and controlling or coercive behaviour.
A Domestic Abuse Protection Notice provides immediate protection to a victim following an incident whilst a Domestic Abuse Protection Order will provide flexible, longer-term protection for victims.
It is envisaged that Domestic Abuse Protection Notices will be issued by a police officer to an abuser and could, for example, require them to leave the family home for a period of 48 hours. Within that 48 hours the police officer may make an application to court for a Domestic Abuse Protection Order, for the perpetrator to be removed from the family home in the longer term.
Breach of a Domestic Abuse Protection Order is a criminal offence and can lead to imprisonment of up to 5 years and/or a fine. Domestic Abuse Protection Orders have a flexible duration so that longer-term protection can be provided where necessary and proportionate.
Domestic Abuse Protection Orders can impose both prohibitions and positive requirements on perpetrators, including preventing the perpetrator from coming within a specified distance of the victim’s home and/or any other specified premises, such as the victim’s workplace, alongside requiring the perpetrator to attend a behaviour change programme, an alcohol or substance misuse programme or a mental health assessment.
Victims of domestic violence (and specified third parties) can also apply to the family court for a Domestic Abuse Protection Order themselves. It is also open to the criminal, civil and family court to make a Domestic Abuse Protection Order within the course of existing proceedings.
Domestic Abuse Protection Notices and Domestic Abuse Protection Orders are currently being piloted in a select area of England and Wales and it is hoped that they will shortly become the ‘go-to’ protective order in cases of domestic abuse.