What protection can I get for domestic abuse?

Domestic Violence Awareness Month is held each October as a way to unite advocates in an effort to bring an end to Domestic Violence and to raise awareness.

The campaign slogan #every1knowssome1 strives to highlight how common domestic violence is and that it is more than physical violence. It is now believed 1 in 3 women and 1 in 4 men have been physically abused by an intimate partner. In addition, every year millions of children are exposed to domestic abuse.

It is important to note that the term domestic violence covers a wide spectrum of abuse, not just violence. This includes emotional abuse, gaslighting, coercive and controlling behaviour, financial control, sexual abuse, physical abuse and threats of violence. It is important to shed a light on the different aspects of abuse so that victims can seek appropriate support.

Many victims believe that their only option is to stay in an abusive relationship through fear of repercussions if they leave or attempt to leave. It is important for victims to know there are many agencies and support charities set up to assist with all areas of support, from helping victims re-house themselves and their families, to assisting them in applying for benefits and becoming financially independent. Counselling can also be offered by some charities and specifically tailored courses, such as the Freedom Programme can assist a victim of abuse to rebuild their confidence and move forward.

Since the Legal Aid reforms in 2013, many people believe Legal Aid is not available for applications under Family Law. It is important to note however, that victims of domestic abuse may still qualify for Legal Aid to cover their legal fees within family proceedings. It is important for victims to have access to help and support and seek the protection of the family court.  

As solicitors, it is our role to ensure victims are aware of the help and support available to them under the Law. At Biscoes we are experienced in Family Law, specialising in assisting victims of domestic abuse to obtain a range of Court Orders designed to protect themselves and their families. Crucially, we can assist with obtaining Injunction Orders under the Family Law Act 1996. These Orders consist of a Non-Molestation Order to protect a victim or a child from further harassment or abuse and an Occupation Order to exclude a perpetrator from a property they would otherwise have the right to occupy to ensure the victim and/or the children can continue peaceful occupation of that property without threat of harm.

Our advice and assistance is not limited to these protective Orders. It is typically the case following the breakdown of a relationship that advice will be required in other areas of Family Law.  We can also offer our specialist advice and knowledge regarding a range of family proceedings from divorce proceedings and advice on the division of matrimonial assets, through to court proceedings involving the arrangements for the children. If you or anyone you know could benefit from legal advice in relation to any of the above issues, please do not hesitate to contact a member of our team.