Domestic Abuse

Domestic Abuse does not just relate to physical violence.  It can include psychological, emotional, sexual and financial abuse and also controlling behaviour.

What are the signs?

Constant criticism and verbal abuse; name calling/verbally threatening.
Disrespect; constantly putting you down and belittling you in front of other people, taking money from you without asking, refusing to help.
Isolation; monitoring or blocking your telephone calls, telling you where you can and cannot go, preventing you from seeing friends and family.
Harassment; following you, checking up on you, opening your mail, repeatedly checking to see who has telephoned you, embarrassing you in public.
Threats; making angry gestures, shouting at you, destroying your possessions, breaking things, punching walls, wielding a knife or a gun, threatening to kill or harm you and the children.
Sexual violence; using force, threats or intimidation to make you perform sexual acts, having sex with you when you don't want to.
Physical violence: punching, slapping, hitting, biting, pinching, kicking, pulling hair out, pushing, shoving, burning, strangling.

Definition of Domestic Abuse

Defined by the Government as "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality." This includes issues of concern to black and minority ethnic (BME) communities such as so called 'honour killings'. Research shows that Domestic Abuse is mostly experienced by women and perpetrated by men. Any woman can experience Domestic Abuse regardless of race, ethnic or religious group, class, disability or lifestyle.

Abuse can take place inlesbian, gay, bi-sexual and transgender relationships and can involve other family members, including children.
Domestic Abuse is very common and affects one in four women in their lifetimes.
Domestic abuse accounts for between 16% and 25% of recorded violent crime.
In any one year there are 13 million separate incidents of physical voilence or threats of violence against women from partners or former partners.

If you believe that you are suffering from Domestic Abuse and if it is of a physical, violent and threatening nature you should immediately call the police. However, for longer term remedies you may be able to apply through the Family Courts for an Injunction. An Injunction prevents someone from acting in a certain way. 

Injunctions used to protect against Domestic Abuse

Non-Molestation Orders
Typically granted for 6 to 12 months and an arrestable offence if breached, a Non-Molestation Order usually forbids an abuser from:

Using or threatening physical violence;
Intimidating, harassing or pestering;
Communicating with you (if appropriate)
Instructing or encouraging others to do what they cant;

Occupation Orders
Regulates the family home; can suspend rights to occupy or visit; evict an abuser from the home; prevent an abuser from returning; prevent abuser from coming within a certain distance of the home
Can be granted for 6 – 12 months
A Power of Arrest can be attached
 

Prohibited Steps Orders
Prevents someone from taking your child from your care and control. 
No Power of Arrest is attached though should your child be taken from your care and control when you have the benefit of a Prohibited Steps Order you should notify the police immediately.
If the Order is breached, you can enforce through the County Court as contempt.
Does not prevent all contact between the children and Respondent however this will largely depend on circumstances.

Who Can Apply?

In order to apply for an Injunction you must be related or Associated to the abuser in one of the following ways:

Have been married to each other;
Have been in a civil partnership with each other;
Are cohabitants or former cohabitants (including same sex couples)
Live or have lived together
Are relatives
Have a child together
Although not living together,  are in or have been in an “intimate relationship of significant duration”
Are both involved in the same family proceedings i.e. Divorce or child contact.

Applying for an order

Applications for Injunctions are made at the Family Proceedings or County Courts and the application is supported by a Statement setting out the allegations of abuse.
If you believe that you are in immediate danger an application can be made to the Court without the abuser being made aware.  This is called a “without notice” more commonly known as “ex-parte”.  

How we can help

We are offering a service for women who are suffering from Domestic Abuse.
If you believe you are suffering from Domestic Abuse and need some advice and information in respect of applying for an Injunction please contact us now for a free telephone consultation on 020 8290 0440 and ask for Zoey Arscott.