Domestic Abuse: Pursuing Legal Protection and Aid in the UK

Domestic abuse is a severe problem that cuts across every demographic. Within the UK, there are very robust legal safeguards and aid provisions for victims of abuse. The following article provides an overview of domestic abuse laws, legal protection offered, and aid services established to help victims.

Understanding Domestic Abuse:

Domestic abuse is legal under the Domestic Abuse Act 2021 as abusive conduct among persons who are 16 years and above and personally related. Abuse might be physical, emotional, psychological, sexual, or financial. Abuse also entails coercive control, a method of intimidation and manipulation employed to dominate a victim.

Legal Protection from Domestic Abuse:

1. Domestic Abuse Protection Orders (DAPOs): The Domestic Abuse Act 2021 came in with the Domestic Abuse Protection Orders (DAPOs) that offer easy-to-use protection for victims. DAPOs can:
•Stop the abuser from contacting the victim.
•Specify that the abuser must engage in behavior change programs.
•Put restrictions on the abuser’s movements.
A victim, the police, or other agencies may apply for a DAPO and breach of it is a criminal offence.

2. Non-Molestation and Occupation Orders:
Victims are entitled to apply under the Family Law Act 1996 for:
•Non-Molestation Orders: These stop an abuser from committing violence, harassment, or threats against the victim or their children.
•Occupation Orders: These decide who can occupy the family home, possibly forcing the abuser to vacate, even if they own the property.
Breaking a Non-Molestation Order is a criminal offence, resulting in arrest at once.

3. Restraining Orders:
A restraining order can be granted by the court after a criminal conviction or independently in instances of harassment. It bars the abuser from contacting the victim or coming near particular locations.

4. Police Powers and Domestic Violence Protection Notices (DVPNs):
The police can issue a Domestic Violence Protection Notice (DVPN), which immediately protects and stops the abuser from contacting the victim for a period of 48 hours. A magistrate can subsequently issue a Domestic Violence Protection Order (DVPO) for up to 28 days, providing short-term protection.

Support Services for Victims:

1. National Domestic Abuse Helpline:
Operated by Refuge, the free 24/7 helpline (0808 2000 247) offers advice and guidance.

2. Local Domestic Abuse Charities and Refuges:
Organizations like Women’s Aid and Safe Lives offer emergency accommodation, emotional support, and legal advice.

3. Legal Aid for Domestic Abuse Victims:
Domestic abuse victims are entitled to legal aid, including payment of the cost of legal representation in cases concerning protection orders or child custody. Financial need and proof of abuse determine eligibility.

4. Reporting Domestic Abuse to the Police:
Victims should be able to report abuse to the police using 999 if in an emergency. In the case of non-emergency scenarios, it’s possible to contact 101 or a local police station.

5. Specialist Domestic Abuse Courts:
Certain courts are specialists in cases involving domestic abuse and provide victim-led justice with measures in place for safety and a fair response.

Read Also: A Comprehensive Guide About Domestic Abuse Act 2021 for the UK

Frequently Asked Questions (FAQs):

1. Can I Receive Legal Protection If I Am Not Married to the Abuser?
Yes. Legal protection, including Non-Molestation Orders and Restraining Orders, is available to all, irrespective of marital status. Cohabitees, former partners, and even relatives can be included.

2. What If I Do Not Have Evidence of Abuse?
Victims are not necessarily required to have evidence. Although evidence makes a case stronger, personal accounts, witness statements, and reports from support services can be enough.

3. Can an Abuser Be Forced to Leave the Home?
Yes. An Occupation Order can evict the abuser from the home, even if they are the owner.

4. Is Financial Abuse Domestic Abuse?
Yes. Withholding cash, controlling spending, or stopping a partner from working can be financial abuse under the Domestic Abuse Act 2021.

5. Can Men Be Victims of Domestic Abuse?
Yes. Domestic violence is experienced by individuals of both sexes. Organizations like Men’s Advice Line (0808 801 0327) provide specialist help for male victims.

Conclusion:

Domestic violence is a serious problem, but there are legal protections and supporting services available to enable people to leave abuse behind and start a new life. If you or someone you know is living with domestic violence, then talk to a solicitor, call the police, or contact specialist support services for assistance.

Nobody need endure it in silence, and assistance is out there.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.