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Domestic Abuse: Your Rights and Legal Options Under UK Family Law
Domestic abuse is a serious issue that impacts countless individuals and families. In the UK, family lawyers and the family courts take allegations of domestic violence very seriously. If you or your children are victims of domestic abuse, it’s critical to understand your legal rights and options for securing protection and justice.
What Constitutes Domestic Abuse Under UK Law?
Domestic abuse encompasses a wide range of controlling, coercive, threatening, degrading and violent behaviors, including sexual violence, committed by a partner or ex-partner. It does not only refer to physical violence. The Domestic Abuse Act 2021 provides this legal definition:
“Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if (a)A and B are each aged 16 or over and are personally connected to each other, and (b)the behaviour is abusive.”
Abusive behavior includes physical or sexual abuse, violent or threatening behavior, controlling or coercive behavior, economic abuse, psychological, emotional or other abuse. Domestic abuse can impact both women and men, occurring between heterosexual or same-sex couples.
Protective Orders and Injunctions for Domestic Abuse Victims
If you are in immediate danger, contact the police. Officers can issue a domestic violence protection notice and apply for a domestic violence protection order from the magistrates’ court if they believe you are at risk. This can ban the abuser from contacting you or returning to your home for up to 28 days.
You can also apply for an injunction from the family court with the help of a family law solicitor. Two types are available:
- Non-molestation order – Prohibits the abuser from threatening, harassing or intimidating you. Breaching it is a criminal offense.
- Occupation order – Defines or regulates rights to occupy the family home. It can order the abuser to move out or keep a certain distance from the property.
The court can grant an injunction even if you are still living with the abuser. In urgent situations, it may be made ex parte, meaning without notifying the abuser in advance. Injunctions typically last for 6-12 months and can be renewed.
Proving Domestic Abuse in Family Court
If your case involves other family law matters like child arrangements, the court will consider any evidence of domestic abuse when making decisions. Your family court lawyer can help you document and present relevant evidence, which may include:
- Police reports and domestic violence protection notices/orders
- Medical records of injuries or mental health impact
- Threatening messages, emails or voicemails from the abuser
- Witness statements from those aware of the abuse
The family court may hold a fact-finding hearing to assess contested allegations of abuse. Having solid evidence and quality legal representation from an experienced family lawyer is key.
Resources for Domestic Abuse Victims
In addition to seeking help from the legal system, domestic abuse victims can access support services including:
- National Domestic Abuse Helpline – 0808 2000 247
- The Survivor’s Handbook from Women’s Aid
- Online support from Victim Support
- Services found via the Domestic Abuse Directory
Family law expert Natalie Harford shares helpful information for domestic abuse victims on her YouTube channel, covering topics like gathering evidence, legal aid, and leaving an abusive relationship safely.
While leaving an abuser or navigating the legal system can feel overwhelming, you are not alone. Family lawyers who specialize in domestic violence cases can provide compassionate, knowledgeable legal advice and representation to help you secure protection and move forward.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.