Domestic Violence

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.