Domestic Abuse

Domestic Abuse Solicitors

The Domestic Abuse Act 2021 defines abusive behaviour as any of the following:

“physical or sexual abuse, violent or threatening behaviour, control or coercion, economic, psychological or emotional abuse.”

Domestic abuse is a pattern or form of behaviour on the part of the abuser designed to control his or her partner. Anyone forced to change their behaviour because they are frightened of their partner or ex-partner’s reaction is experiencing abuse. It can happen at any point in a relationship, including after you have split up. 

It does not matter whether the behaviour consists of a single incident or a course of conduct. Domestic abuse can happen to anyone, regardless of age, background, gender, religion, sexuality or ethnicity. This includes same-sex relationships as well as opposite sex relationships. However, statistics show most domestic abuse is carried out by men and experienced by women.

Domestic abuse is never the fault of the person who is experiencing it. The impact of domestic abuse and related stalking and harassment is vast. It not only impacts the victim and their family but also their friends, neighbours and colleagues, sending ripples across communities and workforces. The 2021 Act goes on to provide that a child witnessing abuse (whether this is directly or indirectly) is also a victim of that abuse.

If you think you have suffered / are suffering from domestic abuse, there are a number of organisations that can help and support you and signpost you to different organisations who can assist you.

• Women’s Aid
• Refuge.org
• National Centre For Domestic Violence
• ManKind

Domestic abuse in the Criminal Court

Domestic abuse is a crime and can be prosecuted as a criminal offence so you should report any abusive behaviour to the police immediately to investigate fully under criminal law.

Domestic abuse and the Family Court

A victim can also seek a Court Order from the Family Court to prevent the perpetrator from doing specific things towards them personally, such as contacting them, visiting their house, visiting their workplace etc. This is known as a Non-Molestation order.

You can also apply for an Occupation Order which enables a victim to return to the family home or remain in the home, and at the same time exclude the perpetrator from the property.

Without notice (ex-parte) hearings

If you have enough evidence that notifying the perpetrator is likely to put your safety at significant risk or make them avoid being served with the Order, you may be able to apply for a Non-Molestation Order without the perpetrator being in Court for the first hearing. This will protect you when the perpetrator is informed of the Order. The Court will usually set another hearing date when the perpetrator attends. You might be able to reach a suitable agreement at that hearing. If not, there will be a further hearing when a judge hears evidence from both of you and then decides whether to grant the Non-Molestation Order.

If requested, the Court will put special measures in place, such as a screen and separate waiting rooms, to protect you.

Occupation Orders are very rarely made without the perpetrator being given the opportunity to attend a hearing.

Economic (or financial) abuse is a form of domestic abuse that can often fall under the radar. This form of abuse often coincides with other forms of domestic abuse and can leave victims feeling isolated, financially insecure and unable to leave an abusive relationship. Some examples of financial abuse include where a perpetrator:

• takes away a victim’s access to money, such as wages, a joint account so that they have to ask for permission to access funds
• manipulates and coerces their financial decisions, such as transferring money, making purchases or taking out loans
• uses their money without consent
• excludes the victim from financial decisions entirely
• ‘signs the victim up’ to financial obligations when the victim has no idea what they are.

As well as contacting the police and your solicitor, you should also immediately contact the bank and credit companies to explain the circumstances.

Spotting the signs of domestic abuse

• Is your partner jealous and possessive?
• Are they charming one minute and abusive the next?
• Do they tell you what to wear, where to go, who to see?
• Do they constantly put you down?
• Do they play mind games and make you doubt your judgment?
• Do they control your money, or make sure you are dependent on them for everyday things?
• Do they pressure you to have sex when you don’t want to?
• Are you starting to walk on eggshells to avoid making them angry?
• Do they control your access to medicine, devices or care that you need?
• Do they monitor or track your movements or messages?
• Do they use anger and intimidation to frighten and control you?

Is legal aid available for victims of domestic abuse?

Yes, there is legal aid available for victims of domestic abuse. You can find more information here.

Contact one of our specialist family lawyers below. We offer a free exploratory call, so that we can discuss your needs and look to match your specific circumstances with the right specialist family lawyer in our team.