Recent events have placed domestic abuse firmly back in the public domain.
Haley Farrell, Deputy Managing Director and Head of Family Care at Broudie Jackson Canter,examines why and, importantly, how those in need can access Legal Aid.
Domestic abuse, and reporting of the same to authorities, has been much debated in our national press this week. It is reported that politician Boris Johnson and his partner Carrie Symonds, were allegedly heard to have been having a domestic dispute and neighbours made a referral to the police. But why is it so important that such incidents are reported and where can those affected gain access to justice?
It is surprising that in 2019 certain portions of the national press have targeted those reporting concerns of and incidents of domestic abuse, rather than those perpetrating it. High-profile commentators on social media have remarked that the reported alleged incident involving Mr. Johnson are indicative of “typical married life” and that his “right to a private life is being invaded”. But is this stance acceptable in a modern, progressive society such as Britain?
That such opinions are still being expounded is both damaging and disparaging to anyone looking to come forward to report domestic abuse in whatever form suffered. It stands to reason that all forms of abuse - whether emotional, physical, financial, sexual or otherwise - are entirely unacceptable in modern society. It follows therefore that reporting of abuse is crucial, both to ensure perpetrators are brought to account for their actions, but also that victims are adequately safeguarded. That some mainstream press appear to have conflated a right to a private life, bizarrely, with the right to keep domestic abuse under lock-and-key as simply a private matter between two partners, is detrimental to the efforts made by domestic abuse campaigners over decades and could place victims at risk.
According to the Office of National Statistics about 4.2% of men and 7.9 % of women suffered domestic abuse in the UK during 2018. This equates to about 685,000 male victims and 1,300,000 women. That nearly 2 million people who have unduly suffered at the hands of a spouse or family member evidences the scale of the problem in the UK today.
So what help is available for those in need and how can victims of domestic abuse seek assistance?
Legal Aid is still accessible - but what orders are available?
- Non-molestation order - An order preventing your partner or ex-partner from using, or threatening violence against you or your child, or intimidating, harassing or pestering you. The purpose of this order is to ensure the health, safety and well-being of yourself and your children. The breach of a non-molestation order or injunction is a criminal offence, and carries a possible prison sentence.
- Occupation order - Usually an order made by the court to control who lives in a home and can be used to exclude those who use or threaten violence as well as perpetrators of sexual or psychological abuse. If a person breaches an occupation order, it is contempt of court. They can be brought before a judge and fined or imprisoned for breaching the terms of the order. A power of arrest can be attached to one or more of the provisions of the order. The court will usually attach a power of arrest if it appears that the respondent has used violence or threatened to use violence towards you.
These protective orders can only be granted for 'associated persons'. What does this mean?
Under the Family Law Act 1996, persons are deemed associated if they fall under one of the following categories:
- They are, were or intend to be married to each other.
- They are, were or intend to be civil partners to each other.
- They are or were cohabitants
- They live or have lived in the same household in a familial relationship.
- They are relatives .
- They have or have had an intimate personal relationship of significant duration with each other.
- In relation to a child, they either:
- Are a parent of the child; or
- Have or have had parental responsibility for the child.
We have a team of family law experts ready to listen and support you if you need advice. To speak with Michael or one of our specialist advisers please call us on 0151 282 1700, request a callback at your convenience or message us your enquiry.