Domestic Abuse: A Guide to Civil Remedies
In the UK, domestic abuse remains a concerning issue, for both men and women. Sadly, statistics show that around 1 in 5 adults in the UK will experience domestic abuse in their lifetime. Unfortunately, there is no reliable prevalence data on domestic abuse, as most cases remain unreported, and generally speaking, police reports are not included in the data collected by the Office for National Statistics. However, in our first-hand experience, we are seeing an increasing rise in the number of client’s approaching us for legal support due to domestic abuse. Therefore, it is essential that individuals experiencing domestic abuse understand the steps they can take to protect themselves. We have put together a ‘guide’ to the civil remedies available. However, if you are in immediate danger – always contact the Police in the first instance. If you are unable to speak, dial 999, and when prompted, press 55 to let the operator know it’s a genuine emergency and you’ll be put through to the Police[1].
- Recognising Domestic Abuse
We often speak with client’s who have experienced domestic abuse for years, but they don’t often see the behaviour they have experienced as “abuse”.
Section 1(3) of the Domestic Abuse Act 2021 defines behaviour as “abusive” if it consists of any of the following: –
- Physical or sexual abuse.
- Violent or threatening behaviour.
- Controlling or coercive behaviour.
- Economic abuse.
- Psychological, emotional, or other abuse;
And it does not matter whether the behaviour consists of a single incident or a court of conduct[2].
Domestic abuse can happen at any stage during a relationship or even after you’ve separated from your former partner. It is important to recognise if you’re experiencing domestic abuse. Whilst the definition in the Domestic Abuse Act 2021 is useful, it is helpful to provide some examples so you can understand how this abusive behaviour can materialise:
- Any unwanted physical contact (punching, hitting, pushing, kicking etc)
- Rape, sexual assault, or being pressured into doing something you don’t want to do.
- Dictating where you can go, who you can speak with, monitoring your phone, isolating you from friends/family.
- Denying you access to money and restricting your finances.
- Verbally threatening or intimidating you.
- Following you and/or tracking your phone.
- Persistent messages/calls.
- Seek Support and Guidance
If you are experiencing domestic abuse, you should absolutely take steps to protect yourself. If you have children, it is also imperative that they are not subject to any harm. If you do not have any family or friends who can support you, there are local support networks and charities that might be able to help.
There are also some national support networks available, including:
National Domestic Abuse Hotline – 0808 2000 2478 (24/7 phoneline for free and confidential advice)
Women’s Aid – https://www.womensaid.org.uk/
Refuge – https://refuge.org.uk/
Respect – Men’s Advice Line – https://www.mensadviceline.org.uk
Survivors UK – https://www.survivorsuk.org/
- Contact a Family Lawyer
If you don’t feel able to contact the Police, or you wish to take some additional steps to protect yourself, getting legal advice from a Family Lawyer is essential. Given the sensitive nature of domestic abuse, it is important that you find a Lawyer that you feel comfortable with, who has experience in family law and domestic abuse, so they are best placed to assist you. The Family Team at Edmondson Hall Solicitors are more than happy to help anyone suffering from domestic abuse.
- What Civil Remedies are available?
We can assist you with an application to the Court to obtain a Non-Molestation Order and/or an Occupation Order to protect you from domestic abuse. These orders are often required where there isn’t enough evidence for the Police to prosecute the abuser.
What is a Non-Molestation Order (‘NMO’)?
A NMO is an order, issued by the Court under the Family Law Act 1996, which prohibits your abuser from communicating with you, coming within a certain proximity of your home/work/children’s school, or threatening, harassing, or intimidating you. A NMO generally lasts for a year, but can be extended if necessary. Breaching a NMO is a criminal offence, and penalties could include fines, imprisonment, or both.
A NMO can be made on an urgent or non-urgent basis, depending upon the individual circumstances. There is a standard form (Form FL401) which must be completed and sent to the Court, alongside a witness statement setting out why a NMO is required and any further evidence (i.e., photographs, text messages etc. There is no Court fee payable to apply for an NMO.
Anyone who has been subject to domestic violence or harassment can apply for a NMO, including spouses, partners, ex-partners, and family members. A NMO can also protect children from harm.
What is an Occupation Order?
An Occupation Order can be applied for as a standalone application or requested alongside an NMO. Essentially, an Occupation Order regulates the occupation of the family home and will say who can enter the surrounding area.
You can apply for an Occupation Order if you’re the victim of domestic abuse and:
- You own or rent the home, and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to or parent of your child
- You do not own or rent the home, but you’re married or in a civil partnership with the owner and you’re living in the home.
- Your former husband, wife, or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home; or
- The person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home[3].
The Court will need to make a decision on who can live in a property – which is understandably not a straightforward decision to make. The Court will need to apply what is known as the ‘Balance of Harm’ Test. Essentially, this involves assessing the housing needs of each person and any relevant child, the likely effect or any order on the health, safety, and wellbeing of each person and of any relevant child, the financial resources of each person, and the conduct of each person in relation to each other and otherwise.
An Occupation Order does not change the ownership of the property – it simply confirms who may live at the property. An Occupation Order lasts for six months as a general rule, but they can be longer in certain circumstances.
Similarly to an NMO, there is a standard form (Form FL401) which must be completed and sent to the Court, alongside a witness statement setting out why an Occupation Order is required. There is no Court fee payable to apply for an Occupation Order.
How can Edmondson Hall help?
Being in an abusive relationship is an incredible challenging situation, and having expert help and support can be invaluable. If you feel that you would benefit from a Non-Molestation Order and/or an Occupation Order, please do not hesitate to contact our Family Team at Edmondson Hall, so we can advise you on your next steps. Please contact either Elisabeth Sneade (Partner and Head of Family Law) (Elisabeth.sneade@edmondsonhall.com), Francesca Cann (Chartered Legal Executive) (francesca.cann@edmondsonhall.com), or Emma Baldwin (PA to Elisabeth Sneade) (emma.baldwin@edmondsonhall.com).
[1] Make Yourself Heard – Silent Solution – https://www.policeconduct.gov.uk/our-work/key-areas-of-work/silent-solution
[2] Domestic Abuse Act 2021, Section 1(3) – https://www.legislation.gov.uk/ukpga/2021/17/section/1
[3] Eligibility for an Occupation Order – https://www.gov.uk/injunction-domestic-violence/eligibility-occupation
