October marks Domestic Abuse Awareness Month and is an important opportunity to raise awareness of domestic abuse, challenge misconceptions and ensure that victims and their families understand the protection and legal remedies available to them in the UK.
Domestic abuse is not limited to physical violence. Under the Domestic Abuse Act 2021, domestic abuse can include physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, emotional abuse, psychological abuse or other abuse. Domestic abuse may consist of a single incident or a course of conduct.
For those experiencing domestic abuse, the consequences can extend well beyond the immediate relationship. Domestic abuse frequently overlaps with family law issues including separation, divorce, arrangements for children, occupation of the family home, finances and the need for urgent protection. Understanding the family court’s powers and the protective orders available can therefore be an important part of keeping victims and children safe.
Protective orders
There are several forms of protection that may be relevant to victims of domestic abuse. The appropriate remedy will depend on the circumstances of the particular case.
Non-molestation orders
A non-molestation order is designed to protect a person from abuse or harassment and can prohibit a person from particular forms of behaviour. Depending on the circumstances, a non-molestation order can prevent someone from:
- Using or threatening violence;
- Harassing or intimidating a person;
- Contacting another person;
- Attempting or approaching a person’s home;
- Encouraging another person to act in a way prohibited by the order.
The precise terms of the order will depend on the circumstances of the case and the protection required.
Occupation orders
An occupation order is concerned primarily with the family home. It can determine who is to live in the property and who must leave, or who is prevented from entering particular parts of the property or its surrounding area.
To determine whether the court should or should not grant an occupation order, the court will apply a balance of harm test in which it will determine whether any person or child is likely to suffer significant harm if an order is or is not made. There are a number of discretionary criteria that the court will apply if it considers that neither the applicant or any relevant child is likely to suffer significant harm.
Protective orders usually last between 6 and 12 months but they can be extended in certain circumstances.
Emergency applications
A person who is subjected to domestic abuse may need to apply to the court for a protective order on an emergency basis if circumstances are such where waiting for a court hearing may expose a victim or child to further risk. In these circumstances, the Family Procedure Rules allow applications for non-molestation orders and occupation orders to be made without notice in appropriate circumstances. This will allow the court to consider urgent protection without the respondent being informed of the application in advance.
The court will consider all of the evidence including the circumstances of the case before deciding what order, if any, should be made.
Domestic abuse and children
One of the most difficult aspects of family law proceedings involving domestic abuse is determining safe arrangements for children. Domestic abuse can affect children even where they have not themselves been physically assaulted.
When family proceedings concern children, allegations of domestic abuse may therefore be relevant to decisions regarding where a child should live, who the child should spend time or otherwise have contact with, whether contact should be supervised, what forms of communication between parents are appropriate and what safeguards are necessary.
The child’s welfare remains central to decisions concerning children and the court must consider the evidence and circumstances of the individual case.
Domestic Abuse Awareness Month is about more than recognising abuse. It is about ensuring that victims are aware of the support, legal advice and protective measures that may be available to them.
Contact us
For more information, please get in touch with a member of our family law team today.
