You would have heard in the news that the new Domestic Abuse bill has been passed by the Government. Its aim is to provide further protection for those who experience domestic abuse and strengthen measures to tackle perpetrators.
You would have heard in the news that the new Domestic Abuse bill has been passed by the Government. Its aim is to provide further protection for those who experience domestic abuse and strengthen measures to tackle perpetrators.
What does it mean?
For the first time, there will be a wide-ranging legal definition of domestic abuse which incorporates a range of abuses beyond physical violence, including emotional, coercive, or controlling behaviour, as well as economic abuse.
The measures include new protections and support for victims ensuring that abusers will no longer be allowed to directly cross-examine their victims in the family and civil courts (seen as a further form of abuse, so now stopped) and giving victims better access to special measures in the courtroom to help prevent intimidation, such as protective screens and giving evidence via video link.
Police will also be given new powers including Domestic Abuse Protection Notices providing victims with immediate protection from abusers, while the courts will be able to hand out new Domestic Abuse Protection Orders to help prevent offending by ordering perpetrators to take steps to change their behaviour, including seeking mental health support or drug and alcohol rehabilitation.
How can we help you?
If you have been a victim of domestic abuse, the Family Court offers protection in the form of non-molestation orders and occupation orders so that victims need not live in fear of more violence or threats – particularly as it is a criminal offence to breach an Injunction.
We have an expert team of family law solicitors who understand what you are going through and are able to use their knowledge to advise andsupport you throughout the process of applying for an injunction.
Injunctions are there to offer you protection from your abuser. These are court orders that require someone to do (or not do) particular acts.
The two main injunction types available are:
1. A non-molestation order
• This prevents your partner, former partner or associated person from being violent or threatening violence towards you or any children.
• It also prevents intimidation, harassment and pestering (including in-person or remotely by letter, email, phone or social media) so as to ensure yours and your children’s safety.
2. An occupation order
• This defines who can live in the family home.
• It can also prevent your abuser from being in the surrounding area.
• You can also get an occupation order if you have left home because of violent behaviour but want to return without your abuser living there.
Under recent changes to the law, breaching a non-molestation order is now a criminal offence and a power of arrest is automatically attached to the injunction, meaning your abuser can be arrested for breaching the injunction itself without needing to have committed any other criminal activity.