And knowing that help is available is an important starting point in stopping domestic abuse. Evie Smyth, associate at Russell-Cooke’s family law team explains what legal options are available to victims of domestic abuse.
When we consider domestic abuse, our minds often jump to thoughts of physical violence. We are all familiar with the portrayal in the news and culture of the image of the ‘battered woman’, desperately trying to cover purple bruises with makeup before the school-run, or telling colleagues yet another fracture was caused by a clumsy misstep on the stairs.
There is no doubt that physical violence is an extremely prevalent and devastating feature of domestic abuse. It is terrifying that more than half of women killed in the UK die at the hands of their partner or an ex. Yet domestic abuse is a phenomenon that extends far beyond these sorts of cases. It encompasses a much broader range of controlling, coercive control or threatening behaviours between people who are, or have been, intimate partners or family members. This includes coercive control, psychological and emotional abuse, sexual abuse, financial abuse, online abuse, ‘honour’ based abuse and harassment and stalking. Domestic abuse can also happen to anyone, no matter their age, sex, race, sexual orientation or background.
Domestic violence covers so much more than physical violence
It is no surprise, given the physical violence stereotype, that people struggle to confidently identify the signs of domestic abuse in their own relationship. Even when they do recognise they are victims, they can feel that their particular circumstances do not warrant the same kind of support and intervention. As a family solicitor, this misconception worries me. All types of domestic abuse are to be taken seriously and there is support available, both legal and non-legal, for those who need it.
What are my legal options?
Some forms of domestic abuse are criminal offences such as rape, common assault, stalking, harassment and controlling or coercive behaviour. Reporting incidents to the police is a powerful first step, but it is understandable that many victims don’t feel safe to do so. Another problem is that often abusive behaviour doesn’t seem to fit tidily into one category of offence and victims are afraid any allegation they make won’t result in criminal prosecution.
Part of my job as a family solicitor is to advise victims of domestic abuse on the other legal options available to them via the family court. Too few are aware they are able to apply to the family court for an injunction to protect them from any kind of domestic abuse. There are two types of injunction: non-molestation orders and occupation orders. A non-molestation order requires the person who is the subject of the order to refrain from using or threatening violence, intimidating, harassing, or pestering you and a breach the order is a criminal offence or which the abuser can be fined or imprisoned. An occupation order regulates who can live in the family home. The order can be used to exclude the perpetrator of domestic abuse from the family home or it may prevent him/her coming within a certain areas of the family home.
Sometimes my clients need an injunction urgently and in those cases we can apply for temporary emergency injunction without the abuser’s knowledge. If an injunction is made in this way, the court will list a return hearing for both parties to attend to determine if the injunction should remain in place.
What about divorce?
Reaching the conclusion that one’s marriage has come to an end brings a host of practical issues that need to be addressed, particularly in relation the family home, the finances, and future arrangements for any children. Dealing with these complex issues in the midst of what is usually an emotionally challenging point in one’s life can feel incredibly stressful. Where there has been domestic abuse, it can feel impossible. Power imbalances and vulnerability play a part in a lot of broken down relationships we see and it is important for me as a solicitor to empower clients who have been victims of terrible treatment by their spouse. It is important to have someone giving advice with their best interests in mind, independent of the outside pressure they may feel from their spouse.
For example, we often see cases where the higher earning spouse refuses to provide any interim financial support or funds for legal fees as a means of putting significant pressure on the other spouse to agree an unfavourable financial settlement. One way we can deal with this, depending on the facts of the case, is to apply to the court for interim spousal maintenance and/ or an order for legal fees. Sometimes just having third parties involved in correspondence can stimulate more balanced negotiation and achieve fairer results.
Conclusion
The Covid-19 pandemic brought into sharp focus how domestic abuse continues to pervade our society, leaving victims isolated and reliant on Domestic Abuse charities more than ever. Yet countless people continue to suffer behind closed doors as society opens up again. For those experiencing domestic abuse of any kind, I recommend speaking to a family solicitor, who can sensitively and confidentially advise on the available legal options and hopefully light the path to a new beginning free from abuse.
At Russell-Cooke in our family team, we see our role as guiding clients, whatever they have faced or continue to face, through this difficult period with empathy and constructive legal advice, with a view to helping families move on as soon as possible. Do contact us for a confidential first point of contact if you would like to discuss your options.
If your need for help is more urgent there is information about who you can contact on our domestic abuse hub. It features a Quick Exit button that can’t be tracked on your web browser history.
You may also be interested in reading Domestic violence is the lockdown’s most terrible secret
