Domestic Abuse Solicitors

The Home Office defines domestic abuse as:

“any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:

• psychological
• physical
• sexual
• financial
• emotional

Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.”.

To apply for an injunction order under the Family Law Act 1996 a person has to be associated to the other person. Associated persons are spouses/civil partners, former spouses/former civil partners, co-habitants/former co-habitants, close relatives, for example, a parent or a brother/sister, parties in an intimate relationship or same-sex couples.

If you cannot apply for an injunction order under the Family Law Act e.g. because you are having problems with a neighbour then you can seek assistance from the Police. The Police do have powers under the Protection from Harassment Act 1997 to prosecute a person who is causing harassment to another.

A non-molestation order comes with an automatic power of arrest. An occupation order can have a power of arrest attached if there have been violence or threats of violence. If a power of arrest has been attached, once the order has been served on the other person it will then be served upon your local police station.

If there is a power of arrest and the other person ignores the terms of an injunction order and commits a breach, you would need to call the police. They can arrest them immediately as the breach of an injunction order is a criminal offence. If found guilty the offender can be punished with up to 5 years imprisonment or a fine or both. Committal proceedings, whilst taking place in the Family Court, will follow a similar procedure to the criminal trial, using the criminal burden and standard of proof. If committed to prison, the other person can face a 2-year maximum fixed term custodial sentence (likely suspended). The court can also issue a fine or a fresh injunction.

An occupation order will set out who can live in the family home, or how you live in the property, for example, use of different parts at different times, and can also restrict the other person from entering the surrounding area. If you do not feel safe living with the other person, or if you have left home because of abuse, it may be possible to obtain an occupation order to allow you to return.

The Court will apply a ‘balance of harm’ test when deciding whether to make the order. The main considerations taken into account by the Court are: the housing needs and housing resources of each of the parties and any relevant child; the financial resources of each of the parties; the likely effect of any order on the health, safety or well-being of the parties and of any relevant child; and the conduct of the parties concerning each other. Where an occupation order is in force, the Court can also state who should pay the rent or mortgage and other outgoings on the property, who has to maintain the property and whether the party in occupation should pay a “rent” to the other person. This, of course, depends on the financial circumstances of the case.

This depends on the circumstances of the case. If there has been abusive behaviour towards you with the children present or towards the children directly, then the Court will have to consider what contact with the children should take place, if any. If you are happy for contact to take place with the children, then this can be arranged. We can advise you on what steps can be taken to ensure that the children and you are safeguarded.

The order will remain in place until either it comes to an end on the expiry date or the Court makes an order discharging it. If you were to reconcile with the other person, you should apply to the Court for the injunction to be discharged. This requires the completion of a simple form in which you will be required to provide information as to the reason why you wish to discharge the order. The Judge may well make the order without you needing to attend Court, or may wish to see you to establish that by discharging the order, they will not be leaving you or any children in a vulnerable or dangerous position.

If you reconcile and you leave the injunction order in place, there is a risk that, if the police become aware that the other person is in breach of the terms of the order, they could be arrested and charged.

No, it will not. Most domestic abuse goes on behind closed doors and is never reported to the police. Of course, some victims are concerned that, if they were to report the behaviour to the police, and the police did not take any action, they would be at even greater risk of suffering harm. Therefore, the Court does not necessarily expect you to have reported any behaviour to the police before. When making an application to the Court, you will be required to make a statement supported by a statement of truth. This confirms to the Court that you are telling the entire truth. In the first instance, the Court will rely on your statement. If the other person wishes to challenge the order, then the Court will list a hearing where you would both be allowed to give evidence, and a Judge would decide who was telling the truth.

We fully understand that every case is different and may not always be appropriate for an injunction. In some cases, a simple warning letter to the other party is sufficient. It makes clear the reasons why their behaviour is inappropriate and that it must not continue. They are informed that if their behaviour does not change then you apply to the Court for an injunction order.

Social services will not automatically be informed of the other person’s abusive behaviour unless you or another party has informed them. If the police have been called because of the other person’s abusive behaviour and the police are concerned about the welfare of any children concerned, then the police can themselves make a referral to social services. The fact that you intend to apply to the Court for an injunction will show social services that you are safeguarding the children.

Yes, legal aid is still available for victims of domestic abuse who are financially eligible.