Looking into the legal protection available for domestic abuse
Domestic abuse is when your spouse or partner causes you physical, sexual, social, mental, financial or emotional harm. The violence and abuse can be actual or threatened and can happen irregularly or on a regular basis. Importantly, physical violence need not be present for domestic abuse to be serious.
If you are experiencing domestic abuse, your first priority will be the immediate safety of yourself and your children. You can also look at the range of legal protections on offer.
Call 999 if you are in immediate danger or it is an emergency and you and/or your children are not safe.
Speaking to a domestic abuse support service is often another first step to making safety plans for you and your children. You can contact the National Domestic Abuse Helpline if you are in England to discuss what steps you might take to plan for your safety. The National Domestic Abuse Helpline or you can call them on 0808 2000 247.
Domestic abuse is against the law and you can report your abuser to the police.
You can also use civil law to protect yourself and your children, without involving the police. It is best to get some support and advice tailored to your unique situation. This can help you get the most information to feel empowered in making the best decisions.
Domestic Abuse Specialist Family Lawyers
A Resolution specialist lawyer can help you. You should tell your solicitor if the other parent has threatened you, hurt you physically or sexually, controlled or isolated you or has behaved in an emotionally abusive way towards you.
You can find a domestic violence family law specialist through Resolution’s website, accessible through this link: https://resolution.org.uk/find-a-law-professional/
Click on Advanced Search.
And then under ‘Type of Resolution Accreditation’ select and search for ‘Domestic abuse’. There are also Resolution accredited specialists in Honour-based Violence and Forced Marriage.
Your solicitor will be able to advise you about getting an injunction, which would prevent further abuse or stop the other parent from coming to your home. Your solicitor can also advise you about arrangements for your children including their living arrangements and contact.
You may be eligible for legal aid for an injunction. If your income or capital is above a certain limit, you would have to pay a contribution towards your legal aid.
Supporting yourself and any children emotionally
As well as physically protecting children, it is very important that you offer emotional support to help them cope with difficult situations involving domestic abuse. Often children involved in these types of situation have mixed feelings about the other parent. Some may feel deeply responsible for a parent’s behaviour, while others may feel conflicted and worry about betraying one or both parents. You may find it helpful to speak to your children’s school about what is happening. They may be able to offer extra support to your children including counselling to help children process emotions.
Orders and legal protections
You can apply for an ‘injunction’ if you have been the victim of domestic abuse.
An injunction is a court order that either:
1.) Protects you or your child from being harmed or threatened by the person who’s abused you. This is called a ‘non-molestation order’ 2.) Decides who can live in the family home or enter the surrounding area. This is called an ‘occupation order’.
Emergency Orders
If you need protection immediately, you can ask that your application for an injunction is dealt with urgently. You do not have to tell the person you want protection from that you are applying so it’s known as a ‘without notice’ or ‘ex-parte’ application.
If you are in immediate danger and you need an emergency response (your life or someone else’s life is in danger or is threatened) you should telephone the police on 999. If you do not need an emergency response you can call the Police on 101