Recognising domestic abuse

Domestic abuse exists in different forms. It’s carried out by a person close to you, often in the home that should be your safe haven and its effects can be serious and long-lasting.  

As family law solicitors, we see the harm caused by domestic abuse and we help people get the protection they need. By the time a client comes to us, they’ve usually built up  courage to talk about it and to take steps to put an end to it but occasionally a client won’t realise that the way they’re being treated is domestic abuse, and it’s only when they start talking to us that they see the situation for what it is. 

What’s the legal definition of domestic abuse?

There are a few different elements to the definition.

Firstly, those involved are aged 16 or over and are personally connected to each other. ‘Personally connected’ can mean: married or civil partners (currently or formerly); engaged; in an intimate personal relationship; relatives; holding parental responsibility for the same child.

Secondly, the behaviour of one towards the other is abusive, which means:

• physical or sexual abuse;
• violent or threatening behaviour;
• controlling or coercive behaviour;
• economic abuse;
• psychological, emotional or other abuse.

A single incident can be domestic abuse. There doesn’t have to be a course of conduct.

Can children be victims of domestic abuse?

Yes. Where there is domestic abuse, a child who is related to either person involved and who sees or hears, or experiences the effects of, the abuse is also considered a victim.

What protections are available?

Various types of orders can be made in the civil courts to keep domestic abuse victims and their children safe. These include:

1. A Non-molestation Order – to prevent harassment, intimidation, violence and threats (among other things). This can be vital where there is real cause for concern about a person’s behaviour. It’s a criminal offence to breach a Non-molestation Order. 

2. An Occupation Order – typically prevents a person from going into the family home. Breaching this type of order amounts to contempt of court.

Our team is here to help you understand your legal position and to put in place any protections you may need. Contact us for advice on family@bsandi.co.uk or call us on 01264 353411.