Many of the clients that Birketts’ Family Team advise have suffered domestic abuse during their relationships. It is crucial for clients to receive appropriate support and advice from Birketts to ensure they (and any children if relevant) are properly protected.
Birketts work closely with other professionals to advise and support our clients, including Independent Domestic Violence Advisors (IDVA’s). The case study below illustrates how one such private IDVA, Caroline Glass may work with Birkett’s family lawyers and clients.
This case study is fictitious and is for illustration purposes only. Clients should take specialist advice.
M and F have been together for 20 years and married for 15 years. They have 3 children together. M has not worked outside the home for several years as she has been caring for the children. F gives M an allowance to pay for the groceries. If she needs to buy anything else she must ask F for funds. He controls the central heating from an app on his phone and the house is often cold in winter. Before the children were born F was physically intimidating towards M and violent on several occasions. M did not report this to the police as F told her he was sorry and she was worried he could lose his job. M has struggled with her mental health and self-confidence. M recently discovered that F has been having an affair. He has told M that if they split up she would become homeless, she is useless and will not get a job, that the children will come and live with him and that she will never find another partner as she is now old, and ugly.
Birketts offer clients an initial meeting at a fixed fee. Before and during that meeting the family lawyer will screen for indications of domestic abuse and will signpost M to speak to an IDVA and organisations supporting victims of abuse (see below).
The client may meet separately with Caroline who can spend time in gathering all of the factual information needed to assist Birkett’s and the client in achieving greater clarity about any abusive or controlling behaviour and making initial decisions about whether the client and her children are safe, what protective measures should be put in place if possible; including legal ones such as occupation and non-molestation orders. Caroline can prepare a report which contains all of this information.
If court proceedings are issued then Caroline and Birkett’s can work together to assist the client in navigating the process: getting special measures put in place at court, gathering evidence in support of witness statements, signposting the client to appropriate professional support and being prepared for any further escalation in controlling behaviour.
Organisations supporting victims of domestic abuse:
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2025.