Domestic Abuse

The Domestic Abuse Act 2021 is reinforcing society’s approach to domestic abuse. Some of the changes which relate to the Family Court are as follows:

• Create a statutory definition of domestic abuse, emphasising that domestic abuse is not just physical violence, but can also be emotional, controlling or coercive, and economic abuse.

• Provide for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order.

• Place a duty on local authorities in England to provide accommodation based support to victims of domestic abuse and their children in refuges and other safe accommodation.

• Prohibit perpetrators of abuse from cross-examining their victims in person in the civil and family courts in England and Wales.

• Create a statutory presumption that victims of domestic abuse are eligible for special measures in the criminal, civil and family courts.

• Clarify the circumstances in which a court may make a barring order under section 91(14) of the Children Act 1989 to prevent family proceedings that can further traumatise victims.

• Extend the controlling or coercive behaviour offence to cover post-separation abuse.

• Extend the offence of disclosing private sexual photographs and films with intent to cause distress (known as the “revenge porn” offence) to cover threats to disclose such material.

https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-bill-2020-overarching-factsheet

Domestic abuse can include, but is not limited to, the following:

• Coercive control (a pattern of intimidation, degradation, isolation and control with the use or threat of physical or sexual violence)

• Psychological and/or emotional abuse

• Physical or sexual abuse

• Financial abuse

• Harassment and stalking

• Online or digital abuse

Interim Measures

If you are experiencing domestic violence, one of the most difficult steps is often acknowledging that you are a victim. The legal scope of domestic violence protections is not limited to violence which is physical or sexual in its nature; it also now extends to what is called ‘coercive or controlling behaviour’ - essentially psychological and emotional abuse.

The immediate steps to take in the event of domestic violence are contacting the police and finding somewhere safe to stay. The police may decide to make a domestic violence protection notice (DVPN) which allows them to put in place protection in the immediate aftermath of a domestic violence incident. These protections generally ban the alleged perpetrator of violence, with immediate effect, from returning to a residence and from having contact with the victim The DVPN must be reviewed by a magistrate after 48 hours, who may decide to impose a domestic violence protection order (DVPO) which extends the restrictions for 14 to 28 days.

Court orders

There are two main legal remedies which can be applied by the court.

Non-Molestation Order

This is a type of injunction designed to prevent your partner or ex-partner from being violent or threatening violence, intimidating, harassing or pestering you or your children. It can be made against anyone who has demonstrated these types of behaviours and with whom you have had a close relationship - such as a spouse, civil partner, boyfriend or girlfriend, co-habitee or family member. This type of order can apply to any sort of contact, including by telephone, email, social media.

Occupation Order

This injunction aims to deal with the situation where you are living together in a shared family home with the perpetrator of domestic violence. The court can decide to order them to move out and stay away from the home, or apply specific restrictions such as requiring them to sleep in a different bedroom. An occupation order may be granted in addition to a non-molestation order.