Protection from domestic abuse: the law and practice

In society, and in professional settings, including the family court, there is now a greater understanding of what constitutes ‘domestic abuse’ than there used to be. Members of the Family Team at Birketts will assess clients at the beginning and throughout their case for signs of abuse from the other party. The Team has strong connections with local organisations providing support for the victims of domestic abuse.

Domestic abuse takes many forms and it does not discriminate: it is present in families from all income levels and backgrounds. It includes physical, sexual, emotional and psychological abuse, and controlling and coercive behaviour. Clients may be isolated from friends and family, have little or no access to funds, be demeaned and belittled, and children may be weaponised as leverage so that the perpetrator can control the victim. Perpetrators may use litigation to continue to abuse victims.

As a matter of public policy, legal aid (public funding) is available for the victims of domestic abuse provided that they also meet the financial criteria. Birketts does not have a contract for legal aid and will direct clients who may qualify to local firms who do.

Victims of domestic abuse can seek help in the family court by way of the injunctive relief offered by Occupation Orders and Non-Molestation Orders. There isn’t a court fee to make these applications. Occupation Orders regulate occupation of a property, and may be made when the court considers that a person, and if relevant, children are at risk of harm if an order is not made. Non-molestation orders protect against harassment and molestation as well as actual and threats of violence.

The Family Team collaborates with colleagues in criminal litigation where there are concurrent ongoing criminal law proceedings or possible remedies such as criminal restraining orders. The Team is familiar with working with local authorities where the abuse has given rise to safeguarding concerns for any children of the relationship. In an age where perpetrators can harness technology to control their victims, the Team has access to services to identify bugging, and combat the covert recording of victims and children.

The Family Team works with other professionals, such as domestic abuse support workers, to ensure that victims are able to gain the space to keep themselves and any children safe. We advise on the evidence needed to show patterns of behaviour, and on practical strategies that can be put in place to ensure there are boundaries to limit contact with an abusive partner.

Taking a first step after many years of abuse can be very difficult. If you would like to talk in confidence, contact our Team. We can arrange to speak to you when safe for you.

Useful resources:

• If you are in immediate danger please contact 999. If you can’t speak but are calling on a mobile please press 55 to have your call transferred to the police.
• Refuge National Domestic Abuse Helpline – 0808 2000 247 – www.nationaldahelpline.org.uk/
• National Centre for Domestic Violence – Call: 0800 970 2070 – http://www.ncdv.org.uk/ Text: NCDV to 60777 Email: [email protected]
• Women’s Aid – [email protected] – Live chat available on the website https://www.womensaid.org.uk/
• The Men’s Advice Line, for male domestic abuse survivors – 0808 801 0327 (run by Respect) – https://mensadviceline.org.uk/
• The Mix, free information and support for under 25s in the UK – 0808 808 4994 – https://www.themix.org.uk/
• National LGBT+ Domestic Abuse Helpline – 0800 999 5428 (run by Galop) – https://galop.org.uk/get-help/helplines/
• Samaritans (24/7 service) – 116 123 – https://www.samaritans.org/how-we-can-help/contact-samaritan/
• Rights of Women advice lines, there are a range of services available – National Family Law Helpline – 020 7251 6577 – https://rightsofwomen.org.uk/get-advice/
• Lighthouse Women’s Aid – 01473 228 270 – https://www.lighthousewa.org.uk/
• Compassion – https://www.compass-ion.org/contact/
• Bright Sky App – this a mobile app and website for vicitims of domestic abuse or anyone that is concerned about another person. More information can be found at https://www.hestia.org/brightsky
• ‘ANI’ – this stands for Action Needed Immediately. You can go to your local participating pharmacy and they will provide a safe space for you to phone the police or other domestic abuse support services.
• Safe Spaces – these are a group of businesses who will provide specialist domestic abuse support information and can assist you to contact the police or other support services. You can find your nearest Safe Space at https://uksaysnomore.org/safespaces/.