Domestic Violence
Domestic Violence – UK Family Law Solicitors
Domestic violence or abuse is considered as one of the most concerning matters in UK family Law. If you and your child are victims of domestic violence and feel threatened by your partner, you should seek immediate assistance from our qualified Domestic Abuse lawyers.
We can help represent your precariously sensitive matters with the court proceedings to ensure you are safeguarded from the harms of any form of domestic abuse from your ex-partner.
What do I need to know about the various forms of Domestic Abuse?
If you are a victim of domestic abuse, there are various forms besides being physically abused and these include:
- Emotional abuse
- Mental torture
- Marital rape
- Economic abuse
- Online abuse
- Coercive abuse
- Bride burning
- Honour killing
- Threats and intimidation
- Sexual abuse
Hence, domestic violence doesn’t always have to involve physical abuse, it can take multiple forms and you should carefully look for the following major signs of domestic abuse.
- Being forcefully isolated from your friends and family
- Having acid burns, bruises, bite marks, etc
- Victim of a Controlling behaviour
- Locked in a house or a facility and prevented from leaving the house or going to work, etc
- Your social media or internet activity is being monitored, privacy violation by reading your texts, emails or letters
- Being verbally abused and bullied of being worthless and devalued
Domestic Abuse helplines and services
How victims of domestic abuse can get help under the UK Family Law
Luckily in the United Kingdom, there are several helplines and support services all across the four states of the UK. These services operate 24 hours, namely:
- England: Refuge’s National Domestic Abuse Helpline
- NorthernIsland: Domestic and Sexual Abuse Helpline
- Scotland: Domestic Abuse and Forced Marriage Helpline
- Wales: Live Fear Free
- Nationwide (support available all across UK) Men’s Advice Line
- Bright Sky mobile app
- Women’s aid
- Safe Spaces
- Domestic abuse perpetrators programme
- Cafcass family court advisors
Domestic Abuse Act/bill UK (2021-2022)
What is a Domestic Abuse Bill UK, and how it can safeguard the victims of domestic violence
Passed in July 2020, the Domestic Abuse Bill ( a.k.a Domestic Bill Act 2021) is going to be implemented in 2021/2022 all across the UK.
The domestic bill UK is a legislative act to bring perpetrators (domestic abuse offenders) to justice while protecting the victims of domestic abuse.
Furthermore, the bill will introduce the following provisions in the family law courts:
- Domestic Abuse Protection Order and Domestic abuse Protection Notice
- Order Local authorities in England to provide safe accommodation to the victims and their children
- Emphasise the ‘statutory meaning’ of domestic violence as not just physical abuse but also includes emotional, economic, coercive or controlling threats or aggression
- In the criminal, civil and family court proceedings (England and Wales), the act will introduce statutory presumption with special measures that the victims of domestic violence will be eligible to
- Disallow the perpetrators (convicted or charged with an offence) from cross-examination their victims in person in both family and civil courts. Accordingly, the court-appointed legal representative will be conducting the cross-examination instead
- Create a new offence of suffocation or non-fatal strangulation of another person ( partner or child)
- Extend the extraterritorial jurisdiction of the criminal courts all across the UK (England and Wales, Scotland and Northern Ireland) to address the violent and sexual offences
- Introduce a statutory domestic abuse perpetrator strategy
- Clarify and Restate the statute law with the general proposition that the party( offender) may not consent to the infliction of severe harm and, by extension, will not consent to their own death
- Automatic eligibility to all ‘homeless victims’ of domestic abuse for homelessness assistance on a priority basis
- Enable a polygraph testing for the domestic abuse offenders ( as a condition of licence) after their release from the custody
- Grant of a new secure tenancy through an occupation order ( which regulates who is to stay in the property and prevents offenders from entering the victim’s property)
- Ban GPs and other healthcare professionals from charging the domestic abuse victims for a provision of legal aid application letter
Under the Domestic abuse act, the court will be given a responsibility to consider the following:
- In case of the Victim’s participation or absence of evidence in the court proceedings is linked to the vulnerability factor, allow additional participation through ‘ special measures’ to support them
- The court must also consider other matters in this context( overrule the definition of vulnerability), including the victim’s age, mental disabilities, or other associated anomalies
Liaise with the Police
If you are a victim of domestic violence or abuse, you may need to contact the police for your safety and protection.
The police can help you by:
- Responding to your emergency calls and providing immediate assistance
- Taking statements from you and any witnesses
- Gathering evidence of the abuse, such as photos, medical reports, or CCTV footage
- Arresting the perpetrator if there is enough evidence or reasonable grounds
- Referring you to other support services, such as domestic violence helplines, shelters, or counselling
- Applying for a Domestic Violence Protection Notice (DVPN) or a Domestic Violence Protection Order (DVPO) on your behalf, which can ban the perpetrator from contacting you and may be extended for up to 28 days
We can liaise with the police and advise you on how to deal with them effectively. Axis Solicitors can also help you obtain copies of any police reports or evidence that may be useful for your case.
Obtain Police Reports
Police reports are official documents that record the details of a crime or incident. They can be accommodating for your case, as they can provide evidence of the abuse you have suffered and the impact it has had on you and your children. Police reports can also support your application for a Non-Molestation Order, an Occupation Order, or a Child Arrangement Order, which can protect you and your children from further harm.
Let us communicate with the police to obtain the reports on your behalf and advise you on using them in court. We can also help you challenge any inaccurate or incomplete information in the reports or request additional information.
Domestic Violence Protection Orders
The legal system offers various protections to individuals experiencing domestic violence, ensuring their safety from further harm and threats. These include:
Emergency Injunctions: These orders, issued secretly from the abuser by a civil court, aim to prevent further harm.
Common types include:
- Non-Molestation Order: Aimed at preventing harassment, threats, or violence against the victim and/or children. Evidence like injury photos can bolster the case. These orders are tailored to individual needs, including children’s safety and can forbid communication with the perpetrator or their associates. Breaching this order, typically set for 6-12 months, is arrestable. If granted on an emergency basis, a subsequent hearing is held for the abuser’s response.
- Occupation Order: Determines residency rights in the family home, possibly evicting the abuser. These orders, often lasting 6-12 months, can include an arresting power under specific conditions.
- Prohibited Steps Order: Under the Children Act 1989, this order prevents someone with parental responsibility from removing the child(ren) from the applicant’s care. It’s applicable in emergencies, especially when there’s a recent threat or attempt to take the child(ren). The Court issues it if it serves the child’s best interests, sometimes opting for a child arrangement order instead.
Enforcement: Effective upon serving the abuser, these orders must be shared with the local police and sometimes schools, landlords, and mortgage companies to ensure compliance. They apply to various relationships, including intimate and family ties.
Domestic Violence Protection Notice (DVPN): Issued by the police to an alleged abuser considered a continuing risk. It lasts 48 hours, barring the abuser from contact and residence, and can be extended to 28 days as a Domestic Violence Protection Order (DVPO), providing survivors time to assess their options.
Restraining Order: A criminal court’s version of a non-molestation order issued after criminal proceedings to protect against violence or harassment. It applies regardless of the defendant’s guilt and lasts for a period or until further notice. Its breach is a criminal offence.
How Can Domestic Abuse Solicitors at Axis Help?
Depending on your circumstances, our family law specialists can guide you every step of the way. They can expedite the court proceedings to ensure you receive maximum protection against domestic violence from your threatening partner.
Suppose you suffer from financial constraints and still depend on your partner for money and property. In that case, our experts will offer their best possible consultancy to ensure your economic rights are well served.
We can further guide and support you on how to go about applying for the occupation order and what evidence you should be attaching to the application.
Furthermore, if you are alleged to be a domestic abuse offender, the law can protect those potential ex-partners wrongfully accused. For further guidance about domestic abuse and court orders, contact our Family Law Solicitors at contact@axis.lawyer.
FAQ: Domestic Violence Solicitors
Immediate Safety and Legal Protection
If you are facing domestic violence or threats in your relationship, prioritising your safety is crucial. In an emergency, dial 999 for immediate help.
Beyond immediate police intervention, you have legal options for protection through family court.
The court can issue orders to ensure your safety, such as:
Occupation Orders: Occupation orders are court orders that decide who can live in your home. It can exclude the abusive party, providing you with a safe space.
Non-Molestation Orders: A non-molestation order prevents someone from harassing, intimidating, or threatening you and your family. Violating this order is a criminal offence.
These legal measures aim to safeguard you and your family, offering security as you deal with legal proceedings.
Support and Assistance
Experiencing relationship violence is distressing, but support is available. Axis Solicitors can guide you through legal protections.
Additionally, these resources offer further support:
Refuge: Support and advice for those facing domestic violence.
- Website: Refuge
- Helpline: 0808 2000 247
National Domestic Abuse Helpline: Confidential help and information.
- Website: National DA Helpline
- Helpline: 0808 2000 247
Women’s Aid: Tailored support for women experiencing domestic abuse.
- Website: Women’s Aid
- Helpline: 0808 2000 247
ManKind: Dedicated assistance for men in abusive situations.
- Website: ManKind
- Helpline: 01823 334 244
Remember, you are not alone. Axis Solicitors are here to assist with your legal needs related to domestic violence.
We always offer a free initial assessment for all domestic violence cases. All assessments are highly confidential; we can consult you remotely by phone or video call on your platform of choice.
Suppose you suspect that either your ex, current or potential partner has a past of domestic violence. In that case, you can always seek help to assess their ‘abusive past’ under the Domestic Violence Disclosure Scheme ( a.k.a ‘Clare’s Law’).
The law implies the’ right to ask’ to navigate any records of conviction or domestic abuse. If the information is proportionate, necessary or legit, the police will disclose any essential findings. Moreover, you can even apply for the disclosure and get help on behalf of your family members or friends who are victims of domestic abuse.
You can get assistance from the support services and agencies to draw out the information on your behalf.
Protect yourself or your child through Non-Molestation or occupation order
If you and your child are a victim of domestic abuse from either of the following members
- Your current or previous partner
- A family member
- Someone you currently or previously lived with (ex-spouse)
You can apply for an occupation order if you are looking for a safe refuge/accommodation. Apply for the molestation order if you ( if applicable, your child/children) are looking for protection from the harms of following domestic abuse:
- Threats
- Harassment
- Pestering/ intimidation
Anyone breaching or violating the non-molestation order is subjected to 5-years of imprisonment. The victims can apply for legal aid to proceed with the applications involving the above charges in family and children court.
Remember: It is essential to remember how you will serve the order. If you don’t want to pass the notice directly to the respondent ( the offender), you can get help from a ‘court staff’ and ask for the certificate of service to deliver to the respondent. The injunction can only proceed when the order is served on the respondent.
In addition to this, ensure that a copy of the order is sent to the local police station with a statement of confirmation that the domestic abuse offender has been served with a court order. Likewise, you must also serve a copy of the occupation order on the mortgage or landlord of any related or shared property.
Apply for an Occupation Order if:
- You share the family home/property as part of the marital assets ( through beneficial estate/interest/ tenant contract) or,
- You have home rights that entitle you to residency ( dwelling house which is also occupied by the spouse who is charged with the domestic offence)
- If the residential property or the ‘dwelling house’ is/has also been the home of the person entitled and of another person your spouse is associated with or,
- At any time, intended by such other person which entitled them to have property rights
- If you own or rent a home shared with your spouse/civil partner, cohabitant/family member or a person who has an intimate relationship with and who is also a parent of your child/children ( if applicable)
- Even if you don’t own/rent a housing property but are married/cohabitating with the one who is entitled to the home as an owner or tenant
In a nutshell, when you share marital assets with your former/current partner, you can apply for the occupation order to safeguard yourself and your child/children, if any, and claim safe accommodation.
Axis Solicitors have offices in five major cities across the UK, including London, Manchester and Birmingham. Therefore, we are well-positioned to help clients in Slough, Croydon, Sheffield, Coventry, Leicester, Bradford, Bristol, Cardiff, Liverpool, and many other locations.
Additionally, we also serve clients remotely via telephone or through video calls. We are available on your favourite secure messaging platforms such as Zoom, WhatsApp, Microsoft Teams and Google Meet.
Axis Solicitors provides free initial family law and domestic violence advice via phone and email. All you need to do is contact our team by telephone, online contact form, the chat widget on our website, or by email.
Reach us by email at contact@axis.lawyer.
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