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Family Solicitors

Understanding the legal term “Domestic Abuse” can be a real life saver. (7 January 2013)

Date: 07/01/2013
Duncan Lewis, Family Solicitors, Understanding the legal term “Domestic Abuse” can be a real life saver.

Domestic abuse impacts greatly on our community and as a society we must provide assistance where possible to those who are victims.

The working definition as defined by the police states it is “any incident of threatening behaviour, violence or abuse between adults who are or have been intimate partners or family members, regardless of gender and sexuality”. This definition includes 16/17 year old and it is not just physical or sexual violence that must exist to be a victim of domestic abuse. The abuse can be verbal: such as shouting, constant belittling, the requesting of dowry or money and calling of names. It can also be bullying, stalking and coercion. Domestic abuse also covers financial abuse such as refusing to involve a person in any financial decisions or simply withholding money as a means of control. In some instances, social isolation, controlling what you do, who you talk to, where you go, what you wear and also stopping you from practising the religion of your choice can also be domestic abuse.

If you are a victim of domestic abuse you need immediate assistance to protect you. Usually a first point of call is the police. However, in many cases the police can not assist and therefore seeking the advice of family solicitors urgently is critical.

If you are suffering from domestic abuse you may be able to obtain a Non-Molestation Injunction to protect yourself and/or your child from the abuse. The Family Law Act 1996 provides a civil remedy which protects against all types of domestic abuse. This civil remedy also provides for criminal enforcement if any breaches occur. The Act also provides for an order which may exclude the abuser from the matrimonial home or to regulate the abuser’s use of the home where it does not affect the victim or limits the affect of the victim. It can also exclude the abuser from coming within a specified area. In most urgent cases the Court can provide emergency orders which are obtained without notice to the abuser and can be obtained in 24hours.

Domestic abuse can also include where a person is forced into a marriage and/or any attempts to force a person into a marriage without their consent. The Forced Marriages (Civil Protection) Act 2007 allows the Court to make a Forced Marriage Protection Order to protect the person being forced into marriage, or an attempt being made to force a person into marriage or protect the person who has been forced into marriage. This Act provides a victim protection from all parties involved in the forced marriage which can include those third parties who may encourage the behaviour or assisting in the forced marriage.

Domestic abuse can also extend where parties are not “associated” or related. The Protection from Harassment Act 1997 provides protection by way of an injunction where a person is a victim of harassment. It can also include indirect harassment such posting inappropriate material on the internet. Therefore, injunctions can be obtained even if you are not related to the abuser.

It is crucial that victims are provided with the appropriate legal advice at the right time so they are protected from the domestic abuse and are also advised of all the legal issues that are an inevitable consequence of separation. Understanding what constitutes Domestic Abuse, knowing the legal options and receiving timely advice can be a life saver.

Savita Sharma - Family Law Solicitor & Director of Duncan Lewis – Legal 500 & Chambers UK Law Firm which specialise in representing Domestic Abuse Victims.

By Savita Sharma


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