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Legal News

Facts about Domestic Abuse and The Action You Can Take (22 November 2013)

Date: 22/11/2013
Duncan Lewis, Legal News Solicitors, Facts about Domestic Abuse and The Action You Can Take

Relationships always have their intimate secrets. In some it may be playful nicknames for one another that you would shriek with embarrassment should anyone find out; in others it may be "silly" rituals that you share with your loved one. But in some relationships, there are darker secrets that cannot be shared.

In most relationships, secrets kept inside are ones based on love and endearment, in others the terrible secret of domestic abuse and violence is kept from the outside world and hidden in the depths of a seemingly loving “relationship”.

Domestic violence can occur to anyone in any relationship, yet it is one of the most overlooked, excused and denied problems at the heart of so many relationships in the UK and worldwide. While in cases of physical domestic abuse, tell-tale signs like cuts and bruises are open for the world to see, when it comes to psychological domestic abuse, sometimes the signs are more than skin deep.

Spotting and acknowledging the signs of an abusive relationship is the first step to ensuring that a stop is put to it. At Duncan Lewis family solicitors, we firmly believe that no one should ever live in fear of the one that they live, and domestic violence in all forms should never be tolerated.

The Duncan Lewis Family Solicitor team have handled many upsetting cases where domestic violence is involved. This is why we have prepared this article, informing you on what domestic violence is, how you can spot the signs of it, and how you can stop it for good.

If you or you think that someone that you know may be suffering from domestic abuse, then please, read this article so you know what you can do to help put a stop to this terrible crime that affects so many people.

Domestic Violence: A Family Solicitor’s Definition

Domestic violence, or otherwise referred to domestic abuse occurs when one person in an intimate relationship (such as a marriage) uses violent and abuse measures to assert control, fear and dominance on the other member of the relationship.

Domestic violence doesn’t just consist of physical abuse. As well as using physical measures, a domestic abuser will also use psychological abuse to harm their partner or spouse. Both of these methods are extremely harmful for the victim and can cause both short and long-term physical and psychological damage.

Many domestic abusers use violent measures as a means to gain total control over their victim. This means that they will use every measure in their heinous arsenal to inflict damage on their victim; fear, guilt, shame and intimidation are all abusive weapons that the domestic abuser will use to break down their victim.

Domestic violence can occur in any form of relationship. It happens among heterosexual couples and same-sex relationships. It occurs in all age ranges, ethnic backgrounds and economic classes.

While many people when they think of domestic abuse victimise the woman in the relationship, it must not be forgotten that often men are the victims of domestic abuse too; verbally, emotionally and physically.

The Facts About Domestic Violence

Domestic Violence operates behind closed doors. In the confines of a relationship, one should feel safe, secure and loved. In relationships where Domestic violence occurs, this couldn’t be further from the reality. Most domestic violence cases are kept secret, therefore help often gets there too late.

The truth behind domestic violence is distressing, as these facts and figures will demonstrate;

· 45% of women have experienced some form of domestic violence, sexual assault or stalking.

· At least 750,000 children a year witness domestic violence

· In a survey for Amnesty International, over 1 in 4 respondents thought a woman was partially or totally responsible for being raped if she was wearing sexy or revealing clothing, and more than 1 in 5 held the same view if a woman had had many sexual partners.

· On average, two women a week in England and Wales are killed by a violent partner or ex-partner. This constitutes nearly 40% of all female homicide victims.

· 70% of incidents of domestic violence result in injury, (compared with 50% of incidents of acquaintance violence, 48% of stranger violence and 29% of mugging).

· Around 85% of forced marriage victims are women.

· Domestic violence is estimated to cost victims, services and the state a total of around £23 billion a year.

· Nearly 1 million women experience at least one incident of domestic abuse each year

· Two women are killed each week by their partner or ex-partner

· 54% of women victims of serious sexual assault were assaulted by their partner or ex-partner Victims of domestic violence are more likely to experience repeat victimisation than victims of any other types of crime.

· Women experience an average of 35 incidents of domestic violence before reporting an incident to the police.

Recognising Domestic Violence in Your Relationship

Stopping domestic violence and abuse begins in recognising it when you see it. Domestic violence often occurs beneath the surface, and many victims will not speak about it. In fact, some victims do not even recognise that they are being subjected to it.

In relationships where domestic violence occurs, there are a number of signs that can signify that one is a victim of domestic violence.

If you answer yes to one of the following questions, then it is extremely possible that you are the victim of domestic violence in your relationship;

· Has your partner attempted to keep you from seeing your friends and family?

· Has your partner ever attempted you from continuing or starting higher education, or from going to or maintaining a job?

· Does your partner continuously check up on or follow you?

· Does your partner unjustly accuse you of flirting or having affairs?

· Does your partner belittle or humiliate you, insult or regularly criticise you in the company of other people?

· Have you ever felt afraid of your partner?

· Have you ever had to deliberately change your behaviour because you are afraid of what your partner may do or say to you?

· Has your partner ever deliberately destroyed any of your possessions?

· Has your partner ever hurt or threatened your children?

· Has your partner ever withheld money so that you are unable to afford food and essential items for yourself and your children?

· Has your partner ever forced you to do something that you didn’t really want to do; including sexually?

If you have experienced any of the above, then it is vital that you seek help today from a domestic violence solicitor.

Recognising Domestic Violence in Other Relationships

“Women experience an average of 35 incidents of domestic violence before reporting an incident to the police.”

This is a particularly troubling statistic. Many victims of domestic violence or abuse choose to not speak about it out of fear of repercussions from their partner.

Signs of domestic violence in another relationship can range from the obvious (such as cuts and bruises) to the the more secretive (such as house imprisonment).

If you notice someone that you know who you suspect could be the victim of domestic violence is acting in the following ways, then you need to speak to them or get in touch with higher authorities to help them overcome domestic violence;

· Evidence of injuries: Bruising, cuts or injuries may also come with explanations that don’t seem to fit the description.

· Excuses: A victim of domestic violence may excuse their injuries with claims of clumsiness or repetitive excuses.

· Stress: Display of physical symptoms that are relative to stress, such as anxiety disorders, panic attacks, feelings of isolation, and depression.

· Absent from work or college: Takes time from work or college often on a regular basis, often with no notice and is frequently late.

· Personality swings: You may notice mood swings or personality shifts when the victim is around their partner; such as nervous behaviour.

· Low self-esteem: Low self-esteem and lack of confidence regarding their relationship, parenting skill and even life in general.

· Self-blame: A victim may take the blame for anything that happens to them; be it at work, at home, with the children or with friends. They blame themselves for the abuse.

· Lack of money: This could be down to their partners withholding money from them as a means of control.

· Stops socialising: A victim of domestic abuse may stop socialising, making up excuses for not going out with friends, or may pull out suddenly from social meetings at the last minute.

· Partner displays irrational behaviour: A victim’s partner may act jealous, irrational or possessive. This may also come with accusations of affairs, flirting or invasive behaviour; such as checking emails, texts or constantly phoning to check up on them.

· Unwanted pregnancy/ termination: Pregnancy can sometimes trigger domestic abuse. A victim may be unhappy being pregnant and not wish to continue the pregnancy, or be forced into having a termination.

· Drug/ alcohol abuse: A victim of domestic abuse may use alcohol or drugs as a comfort or a means to cope. This may even include prescription drugs such as antidepressants or painkillers.

· Damage to property: You may notice that there is damage to the victim’s home, belongings or even pets.

Action You Can Take Against Domestic Violence

If you, or someone that you know is the victim of domestic violence then we can help you. At Duncan Lewis we can provide the advice and assistance you need to ensure that your or the victim’s well being and safety is protected. If necessary, we can go to court on the same day that you contact us to put an emergency order in place to ensure that the victim and any children affected by the abuse are kept safe.

The Family Law Act 1996 introduced two ways in which a court can protect abuse victims. These are known as non-molestation orders and occupation orders. In some cases both orders may be applied for at the same time.

Non-Molestation Orders

This is a form of injunction that is issued by a Court to protect a victim from domestic violence or abuse. This order can prevent a named person from carrying out abusive behaviour; which is referred to in the Family Law Acts as “molestation”.

Due to the fact that molestation is not strictly defined in the law judges can can be flexible as to deciding what they deem as abusive behaviour. Therefore, if you feel that you or someone that you know is feeling domestically abused, even in a manner that isn’t listed in this article, then it is essential that you seek help as soon as possible.

Once an injunction is in place, it is a criminal offence to breach it; even if no other crime is committed at the time that the order is breached. If an abuser breaks an injunction that has been put in place by a Court then they face a maximum of five years imprisonment; therefore it is important that the police are notified in the event of an injunction being broken.

Occupation Orders

An occupation order is another form of protection that the Courts can offer victims of abuse. the Court has the power to make an abusive person leave a property and not be allowed to return either to it or within a certain distance of it.

The kinds of occupation orders a judge can make include:

· Requiring the respondent to allow the applicant to enter and live in the property, or part of it

· Prohibit the respondent from accessing the property or a part of it – in some cases they can go further and restrict the respondent’s rights to occupy their home at all.

· Prohibit the respondent from going into a defined geographical area – the property may be in this area.

While these are just a few examples of what powers a Court has when making an occupation order, they can actually be tailored to suit a victims protection needs.

At Duncan Lewis, our Family Protection Solicitors can help you decide what kind of occupational order would be most suitable for you and make the application on your behalf.

Take Action Against Domestic Violence Today

Domestic violence is a terrible issue that plagues society, and by no means should it be allowed to continue. If you or someone that you know has been or is still the victim of domestic abuse then get in touch with us at Duncan Lewis Family Solicitors and help to put an end to domestic violence today.

Call us now on 033 3772 0409 or click here to send online enquiry.
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