Domestic abuse is often a hidden crime that is not reported; however, the statistics state that approximately one in five people experience domestic abuse in their lifetime. It can take a victim several attempts to leave an abusive relationship, and often victims withdraw statements given to the authorities as they fear the consequences, including financial ones.
There is growing recognition of the types of abuse victims may suffer, and the need for education and changes to the law to protect the abused. The Domestic Abuse Act creates a statutory definition of domestic abuse, which includes any of the following:
•Controlling or coercive behaviour
•Economic abuse
•Psychological, emotional or other abuse
•Physical or sexual abuse
•Violent or threatening behaviour
For the definition to apply, both parties must be aged 16 or over and be ‘personally connected’. This includes that they must be married to each other or civil partners, have agreed to marry one another, or to enter into a civil partnership at some point, are or have been in an intimate personal relationship, have had or have a parental relationship with the same child, or are relatives.
Not all abuse is limited by proximity, and abuse can continue and even escalate after separation. In the time immediately after separation the perpetrator can feel a loss of control, and this can cause them to lash out.
Economic abuse is designed to reinforce or create economic dependency and/or instability, limiting a victim’s choices and their ability to access safety. It is not limited to money, but also resources such as food, clothing, transportation, housing and isolation from friends and family. This can severely restrict a victim’s ability to escape an abusive relationship both in the short term, and long term.
Seeking advice and support
There are legal tools in place to help protect victims from domestic abuse.
Non-molestation order: a non-molestation order is a type of court order which can be made to prevent a perpetrator from doing things including contacting a victim, and from coming within a certain distance of their property or work. Non-molestation orders can also protect children, and if the terms of the order are breached by the perpetrator the police have the power to arrest him or her.
Occupation order: an occupation order is another type of court order which can provide for one party to vacate the family home, for example, leaving the victim to reside there, often with the children, and sometimes the order can oblige the perpetrator to pay towards household bills and the mortgage. It is also possible that the court may make a ‘zonal’ order which restricts each party to specific areas of the former family home.
Warning notices: warning notices can be issued at the discretion of the police following allegations of harassment, and do not constitute formal legal action, but can be used in family or criminal proceedings as evidence of an allegation having been made and can prevent an incident from escalating further.
The Domestic Violence Disclosure Scheme (DVDS): otherwise known as Clare’s Law or “right to ask”, enables members of the public to ask police for information where there is a concern that a partner may pose a risk. Requests can be made directly to a police station.
Police are obliged to ensure that there is a private venue to discuss such requests. There are also various other means of financial support for victims, such as benefits, and legal aid. If a victim is in immediate danger, they should call the police as a matter of urgency. Collecting evidence of abuse is important and often difficult for victims, including in the time post-separation.
If you or someone you know is suffering or has suffered from domestic abuse, there is further support available for victims.
• National DA Helpline 0808 2000 247 (24 hours, 7 days a week)
• Refuge 0808 2000 247 (24 hours, 7 days a week)
• Lighthouse DA Safety Planning 07516 124536 (Monday-Friday 9:00am-4:00pm)
• National Centre for Domestic Violence 0800 970 2070
• National LGBT+ Domestic Abuse Helpline 0800 999 5428
• Samaritans 116 123 (24 hours, 7 days a week)
• The Men’s Advice Line, for male domestic abuse survivors 0808 801 0327
• Women’s Aid Live Chat and email services
• Respect Helpline 0808 802 4040
• Leeway Domestic Violence & Abuse Services (Norfolk based) 0300 561 0077
• Lighthouse DA Helpline (Suffolk based) 01473 228270 (Monday-Friday
9:00am-4:00pm)
If you require further information and advice concerning domestic abuse, please contact the Family Team at Birketts and we will be more than happy to assist.
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 October 2024.