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Domestic Abuse and The Law

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Domestic Abuse and The Law

Domestic abuse, also known as domestic violence, is the act of one partner showing a pattern of behaviour that shows signs of wanting to control or hurt the other.

In some cases, abuse can be more than psychological - it can be physical, sexual, or economic. This frightening behaviour can impact someone's life massively, leaving them feeling scared, worried, and in a constant state of anxiousness.

Usually, one partner will act in such a way to intimidate, scare, or hurt the other. But what does the law have to say about domestic abuse? To learn more about domestic abuse and the law, continue reading.

 

Who Can Be a Victim of Domestic Abuse?

Anyone can be a victim of domestic abuse. No matter your age, gender, race, sexual orientation, or religion, you can be subject to domestic abuse. Typically, domestic abuse occurs with someone you live with or know well, and victims can be both children and adults.

Although statistics would lead you to believe that women endure abuse more than men, it can be the other way around. According to recent statistics, the past 10 years have shown that domestic abuse cases have had a gradual decrease, but unfortunately, sexual assault cases have risen.

Statistics from 2024 also show that roughly 2.3 million people in the UK have experienced a form of domestic abuse in the past 12 months. The Domestic Abuse Act 2021 is in place to protect people experiencing domestic abuse - it also enhances the measures in place to ensure those being abusive are punished.

 

What is the Domestic Abuse Act?

So, what is the Domestic Abuse Act? The Domestic Abuse Act 2021 is in place for a few reasons:

  • To bring awareness to domestic abuse
  • Protect domestic abuse victims
  • Provide support for domestic abuse victims

Experiencing domestic abuse can be extremely distressing, and it’s certainly something that no one should have to deal with or go through, especially not alone.

The Domestic Abuse Act 2021 aims to help make victims more aware of the signs of domestic abuse - it hopes to allow people to recognise when they're in an unsafe situation and that certain behaviours aren't normal.

The 2021 edition of the Domestic Abuse Act is the most updated version. The Act now recognised children as victims of domestic abuse in their own right if they've been involved in a situation where domestic abuse has taken place between their parents.

Before this came into play, children were unfortunately just seen as witnesses, instead of being victims themselves. The Act also changed what the term domestic abuse really meant from a legal perspective - stating that economic abuse or being financially controlled will now be put in the Act. This has hopefully pushed more victims to recognise such behaviours and step forward to get the support that they need.

The UK Government’s definition of domestic violence is ‘Any incident or pattern of incidents of controlling, coercive or threatening. behaviour, violence or abuse between those aged 16 or over who are or have. been intimate partners or family members regardless of gender or sexuality.’

 

The Signs of Domestic Abuse

Do you suspect that you're a victim of domestic abuse? It can be daunting to reach out for help, but we promise that it's the right thing to do. Knowing what is and isn't considered domestic abuse might seem confusing, but if someone you know is showing controlling or abusive behaviour, it's likely that you're a victim of domestic abuse.

Ask yourself the following questions:

  • Do you face verbal abuse, such as shouting or name-calling?
  • Are you consistently being put down?
  • Are you not being allowed to have control over your finances?
  • Are you being stopped from having contact with your friends or family?
  • Is your social media, phone, or emails being controlled?
  • Are you allowed privacy, or is someone following or checking up on you repeatedly?
  • Are you being abused physically, such as being punched or slapped?
  • Do you face threats, such as being hurt or killed?
  • Are you being made to perform sexual acts when you've said you don't want to?

Although signs of domestic abuse can vary, these are typically what you should be looking out for. Your abuser may even be in a state of denial, or blaming you for the abuse and asking you to forgive them for what they’ve done and make you feel sorry for them. Seeking help is vital when you’re in such a situation.

 

What Can the Law Do About Domestic Abuse?

The Domestic Abuse Act 2021 is set in place to make victims feel both seen and heard. Under the Act, police are able to issue something called a Domestic Abuse Protection Notice (commonly known as DVPN).

The notice provides quick protection for victims of abuse and forces the abuser to have to leave the home for up to 48 hours. Within this time, victims can find a safe place to stay, perhaps with a friend or family member.

If police are called to a scene where domestic abuse has taken place and people are in harm's way, they can arrest the perpetrator if necessary. The more serious a case of domestic abuse is, the higher the chance of the abuser being sentenced.

 

Should You Seek Legal Support?

Yes, if you’re a victim of domestic abuse, it’s helpful to seek legal support. Nobody should make either yourself or your children unsafe. If you're currently in a situation where domestic abuse is taking place, we encourage you to get in touch with us today.

At Bell Lamb & Joynson, we work closely with victims to ensure the best outcome possible. Our services help you gain legal protection from the courts. With a team of expert domestic abuse solicitors ready and waiting to help you, now is the right time to get in touch. Our expertise includes:

  • Protecting children from domestic abuse
  • Dealing with social services
  • Occupation Orders
  • Divorce or separation where domestic abuse has taken place
  • Injunctions or non-molestation Orders

 

We act as both a friend and legal expert. Offering domestic abuse support whilst you’re working alongside us, we take all the necessary measures to ensure you feel safe. To learn more about our services, please contact us today.

Suzanne Daley

Suzanne is a Partner and family law specialist and heads our Family Law team. As a member of the Family Law Panel, she is experienced in all aspects of Family Law, Suzanne prides herself in her professional yet approachable style and ability to guide clients through what are often complex and emotional proceedings.