Domestic Abuse

Domestic abuse is a critical issue that deeply intersects with family law, impacting everything from personal protection orders to child custody proceedings. Understanding your legal rights and the available protections is vital for anyone experiencing domestic abuse.

The Domestic Abuse Act 2021 provides a definition of domestic abuse for individuals aged 16 or older who are personally connected.

What is a personal connection?

You are deemed to have a ‘personal connection’ with somebody under the Domestic Abuse Act 2021 if:

• You are due to be or are currently married to them;
• You are married or in a civil partnership with them; or
• You are or have been, in an intimate personal relationship with them.

What is domestic abuse?

Domestic Abuse can involve, but is not limited to:

• Physical violence;
• Sexual violence;
• Financial control;
• Emotional and psychological abuse;
• Controlling or coercive behaviour; and
• Violent or threatening behaviour.

You can be a victim of domestic abuse regardless of your gender and it is important to recognise that abusive behaviour may also indirectly affect others, such as any children within the family.

Support and intervention are available from a variety of organisations, such as the police, domestic abuse support agencies like Women’s Aid, Men’s Advice Line and Refuge, as well as healthcare professionals.

If you are facing domestic abuse

If you find yourself facing domestic abuse at the hands of somebody you are personally connected with, there are a variety of protective measures available to you. Some of these can be obtained through the police, such as Domestic Violence Prevention Notices or Orders or they may already be in place, with Local Authorities being involved in safeguarding any children.

However, legal support also plays an important role in protecting individuals facing domestic abuse. Solicitors can assist victims to obtain Injunctions for personal protection by helping you to apply to the Family Court for a Non-Molestation Order for personal protection or an Occupation Order for property occupation.

A Non-Molestation Order can protect you by preventing the individual you are personally connected with from doing certain things, such as harassing or pestering you, communicating directly with you and even coming within a certain distance of your home. Non-Molestation Orders can also be granted for up to 12 months.

An Occupation Order can protect you by excluding the individual you are personally connected with from entering the property, even if it is registered in that person’s sole name. These orders are less likely to be granted than Non-Molestation Orders, however they can be obtained in situations where you or your children are at risk of serious or immediate harm.

Legal Aid may be available to cover the cost of any application you make in relation to Domestic Abuse, depending on your circumstances and the evidence you can provide. If you or someone you know is suffering domestic abuse, it is important to remember that you are not alone.

Our Family team at Laceys are on hand to provide advice, support and guidance throughout this difficult process. Contact us today to see how we can help.