Domestic Violence Awareness Month

October is Domestic Violence Awareness Month, a time dedicated to raising awareness about the widespread issue of domestic abuse and highlighting the resources available for victims

Understanding Domestic Abuse: Definitions, Legal Protection, and How to Seek Help

Domestic abuse affects individuals from all walks of life, regardless of gender, age, or background, often leaving deep emotional, physical, and psychological scars. Understanding what constitutes domestic abuse, the legal protections in place, and how to seek help are critical steps in supporting victims and preventing further harm.

In this blog, we will break down the key elements of domestic abuse as defined by the Domestic Abuse Act 2021, explore its impact on both adults and children and provide guidance on legal protections, such as Non-Molestation Orders, to help victims find safety and support.

Definition of Domestic Abuse

Domestic Abuse is defined by the Domestic Abuse Act 2021 as:-

Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if:

1. A) A and B are each aged 16 or over and are personally connected, and
2. B) the behaviour is abusive.

What Counts As Domestic Abuse?

Abuse can take many forms, including emotional, psychological, financial, coercive control, physical or sexual abuse, harassment, stalking, and even online or digital abuse. Domestic abuse can affect anyone, regardless of gender, age, ethnicity, socio-economic status, sexuality, or background, and it can occur at any stage of a relationship or marriage.

To be considered a victim under the Domestic Abuse Act, you must be personally connected to the perpetrator. A personal connection is defined by the Act in the following ways:

1. A) Married, previously married, or currently/formerly engaged to be married
2. B) Civil partners or formerly in a civil partnership
3. C) Engaged to be married (whether or not the engagement has ended)
4. D) In a civil partnership agreement (whether or not the agreement has ended)
5. E) Have been in an intimate personal relationship
6. F) Are relatives.

Can Children be Victims of Domestic Abuse?

Children can also be affected by domestic abuse. The Domestic Abuse Act 2021 acknowledges that children can be considered victims if they witness, hear, or experience the impact of abuse and are related to either the perpetrator or the victim.

Shockingly, an estimated 62% of children living in abusive environments are directly harmed by the abuser, in addition to the trauma they endure from witnessing the abuse of others.

Protection under the Domestic Abuse Act is available to anyone who meets the following criteria:

2021. A) You are personally connected to your abuser, as defined by the Domestic Abuse Act 2021.
2022. B) You are in immediate need of protection.

What is a Non-Molestation Order?

A Non-Molestation Order is a legal injunction that sets clear restrictions on what the other person, typically the abuser, cannot do. Breaching this order is a criminal offence, allowing the police to arrest them if they violate its terms.

To apply for a Non-Molestation Order, the most recent incident of abuse must have occurred within the last two weeks. If granted, the Family Court can issue the order for six or twelve months. Legal Aid is available for those making the application, but eligibility is based on receiving a passported benefit, like Universal Credit, or having a low income. Fortunately, there is no court fee for applying, making it accessible for victims regardless of their financial situation. While respondents to the application may also apply for legal aid, availability is very limited.

Applications for a Non-Molestation Order can be made on a ‘without notice’ or ‘on notice’ basis. In urgent cases, a ‘without notice’ application can be made, meaning the respondent is unaware of the application until a court hearing is scheduled. During the return hearing, measures such as separate entrances, exits, and waiting areas, as well as courtroom screens, are in place to protect the applicant.

The police can also help victims of domestic abuse, and if necessary, impose bail conditions to safeguard the victim. In such cases, the Family Court is less likely to issue a Non-Molestation Order since bail conditions already offer protection.

Barriers to Reporting Domestic Abuse and the Importance of Accessible Support

The Office for National Statistics, in collaboration with the Government, releases an annual report on domestic abuse cases. The next report is expected in November 2024. However, data from 2022-2023 showed no significant change in the prevalence of domestic abuse compared to the previous year. This raises the question: are we improving in our efforts to support victims of domestic abuse? More insight will come with the upcoming November 2024 report.

It's important to recognise that being a victim of domestic abuse often prevents individuals from seeking help due to the trauma they've endured. Coercive control, for instance, can leave victims feeling isolated, responsible for the abuse, and incapable of caring for themselves. Many experience shame and fear they won't be believed or able to access support. In some cases, financial dependency on the abuser can make it difficult to escape, especially if they worry about supporting themselves or their children. However, no one should fear seeking help—support is available and accessible to all.

Need Legal Advice, Here’s how we can help

If you feel you are in immediate risk, you should contact the police immediately, If you or your family need legal advice in relation to Domestic Abuse, then please get in touch with our team.

We can provide you with advice on a range of protective orders which may be available to you to stop and prevent any further abuse and support you and your family through this traumatic time.

We hold legal aid contracts in all four of our offices which means that subject to eligibility we can offer Legal Aid funding for victims of domestic abuse.

If you are not eligible for Legal aid funding, then we offer a range of financial options and fixed fees to help you fund the matter privately

We understand issues regarding domestic abuse are often urgent and therefore offer same-day appointments and if necessary, can ensure protective orders are in place the same day.

We are by your side every step of the way to ensure that you fully understand the process and that your feelings are heard and taken into account.

Call us on 03444 124 348, complete our enquiry form, or speak to our online chat – which is monitored 24/7 by a real person, not a chatbot.