As the UK marks Domestic Abuse Awareness Month, Clarke Willmott LLP is highlighting legal protections for people who fear contact from an abusive former partner following the latest prisoner early release announcement.
The firm’s specialist family law solicitors say the campaign – supported by councils, police and charities – provides an opportunity to challenge misconceptions of the different forms domestic abuse can take and encourage people to seek help.
Under the Government’s early prisoner release scheme, eligible prisoners can be released before completing their full custodial sentence, subject to licence conditions to alleviate severe overcrowding in the prison system.
“The prospect of an abusive former partner being released from prison can be frightening for those who fear further contact or harassment. It is important they know what legal protections are available to help safeguard them,” said Clarke Willmott solicitor, Paige Atherton.
“Domestic abuse is not limited to physical violence. It can include controlling or coercive behaviour, emotional and psychological abuse, threats and sexual abuse, and may involve a single incident or a pattern of behaviour.
“The effects can extend well beyond the relationship itself, particularly when separation involves children, finances or the family home. Understanding the family court’s powers and the protective orders available can be an important part of keeping victims and children safe.”
Two types of court order may be relevant to people experiencing domestic abuse: non-molestation orders and occupation orders; the appropriate remedy will depend on the circumstances of the individual case.
Rayner Grice, partner and national family team leader, said: “A non-molestation order can protect someone from abuse and harassment by prohibiting specific behaviour. Depending on the circumstances, this can include threats or violence, intimidation, unwanted contact or approaching someone’s home.
“An occupation order relates to the family home. It can determine who is allowed to live in the property, require someone to leave or restrict access to particular areas.”
In urgent situations, it may be possible to apply for a protective order without notifying the other person in advance.
“This can allow the court to consider an application where waiting for a hearing could expose a victim or child to further risk,” added Rayner. “The court will consider the evidence and circumstances before deciding whether to make an order.
“Domestic abuse can also affect children, even when they have not themselves been physically assaulted.
“Allegations of abuse may be relevant to decisions about where a child lives, contact with parents and whether supervision or other safeguards are needed. The child’s welfare remains central to these decisions.”
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Clarke Willmott’s family team has experience across a broad range of family law matters, including financial remedy proceedings, private law children cases and cases involving allegations of abuse. For more information contact the family law team.
