Dealing with domestic violence

Domestic violence is the physical, emotional, sexual or mental abuse of a partner or ex partner. It is rarely a one-off event and many perpetrators and victims deny, minimise or cast blame to excuse the violent behaviour.

 

According to the Home Office 1 in 4 women and 1 in 6 men experience domestic violence in their lifetime. It also claims the lives of 2 women each week and 30 men per year. There are more repeat victims than in any other crime and on average a person will be assaulted 35 times before seeking help. Every minute in the UK the police receive a call from the public for assistance for domestic violence and the total cost to state, employers and victims is estimated at around £23 billion per year.

 

There are also child protection issues as in 90% of incidents of domestic violence, children are present in either the same or next room and the majority of the children on the child protection register have been or are affected by domestic violence.

 

Despite it being such a major problem many victims feel isolated and afraid, and are unaware of the legal help and support available to them. In addition to the protection provided by the Police under criminal law, a civil application can be made to either the Magistrates’ Court or the County Court for a non- molestation order and/or an occupation order, under Part 4 of the Family Law Act 1996. 

 

A non-molestation order can prohibit the perpetrator from using or threatening violence and/or from intimidating, pestering or harassing the victim or their child. A non-molestation order can also prohibit any form of communication other than via a solicitor and can prohibit the perpetrator from going within a specific distance of the victim’s home.

 

An occupation order can regulate or prohibit the perpetrator’s occupation of the family home. An occupation order is helpful if the victim is no longer able to tolerate living under the same roof as their partner and even if they have been forced to leave home because of the violence, an occupation order will allow them to return and exclude their partner. It can also restrict the perpetrator from the home and surrounding area.

 

To provide even greater protection to victims the Domestic Violence, Crime and Victims Act 2004 has recently made important changes to non-molestation orders and occupation orders. Same sex couples and non-cohabiting couples who have been in an intimate relationship of significant duration can now apply for non-molestation and occupation orders. 

 

Since 1^st July 2007 it is now a criminal offence to breach a non-molestation order without reasonable excuse and it is now punishable by up to five years imprisonment, or fine or both. Consequently if the perpetrator breaches the non-molestation order without reasonable excuse he or she should be arrested and charged with a criminal offence and should be prosecuted by the Crown Prosecution Service in the criminal courts. This means that it will no longer be the victim’s decision to drop charges against the perpetrator and the perpetrator will be left with a criminal record.

 

The breach of an occupation order is not a criminal offence and will still be dealt with in the civil court. A power of arrest can be attached, which means that the perpetrator can be arrested without a warrant for breaching the order, and within 24 hours of the arrest be brought before the civil court for punishment. In the civil courts the breach of an occupation order is punishable by up to two years imprisonment or fine, or both and it remains the decision of the victim to prosecute.

 

No one should have to tolerate domestic violence. If you know anyone suffering from domestic violence, please ask them to telephone our family team for confidential and free legal advice. There is also a 24 hour freephone National Domestic Violence Helpline on 08082000247 and this runs in partnership with Women’s Aid and Refuge.