| What is meant by 'domestic violence'?

| Injunctions

 

What is meant by 'domestic violence'?
Domestic violence is any incident of threatening behavior, violence or abuse between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality. Unfortunately no matter who you are, you are likely to have an awareness of Domestic Abuse if not first hand you will probably know of someone who is being abused and want to understand what they are going through and how to help them. Domestic abuse is no respecter of age, class, gender, sexuality, race or locality.

The Domestic Violence, Crime and Victims Act 2004 was introduced to increase the protection, support and rights of victims and witnesses.  It also gives the police and other agencies the tools to get to the heart of domestic violence crimes.

We tend to think of Domestic Abuse as physical violence or assault on a wife. In reality, however, domestic abuse is the summary of physically, sexually and psychologically abusive behaviours directed by one partner/family member against another regardless of their relationship.

Many forms of abuse are obviously cruel. Emotional abuse is more subtle. Quite often such abuse goes unseen, as even the victim does not recognize that they are being abused. Although emotional abuse does not leave black eyes or visible bruises, it is often more seriously damaging to your self-esteem.

We understand that this is a very sensitive issue. Please feel confident that if you find yourself in the situation that you need to discuss legal protection for yourself and your children that we at Henley Law will deal with your enquiry in complete confidence. 

We can refer you to local groups and the Domestic Violence Units of local police.  We will listen and put you in touch with organisations to help you with the practical issues arising from such incidents whilst we provide you with legal advice such as property occupation orders (the removal of one party from the property) and applications for Injunctions to prevent further abuse.     

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Injunctions
The courts in England and Wales are always sensitive to domestic abuse that may have been witnessed by children; acknowledging that even if not directly the victim of that abuse witnessing abusive relationships between adults is in itself damaging to a child. 

Both the courts and the government take a very serious view of domestic abuse and its affects on both adults and children.  We will sensitively and carefully listen to what you tell us making sure that any service provider, court or authority dealing with your affairs also put aside any prejudice they may have about domestic abuse and its connection to class, race, ethnicity, gender, or sexuality, age, mental or physical ability and also be try to understand the needs and experiences of different backgrounds and cultures.  Domestic abuse can include intimidation and harassment and in relation to a child causing them to witness the abuse of a person with whom they have a relationship.

The Family Law Act 1986 allows for the making of injunctions such as a non molestation order to prohibit the abuser from further molesting of either you or any children involved.  Molestation includes any conduct of such a degree of harassment as to call for the intervention of the court.

The court would be seeking in a non molestation order to protect and secure the health, safety and well being of the applicant or the person for whose benefit the order should be made and any relevant child.  Any non molestation order can run until further order and breaking the injunction is an arrestable criminal offence which depending on the seriousness of the behaviour of the abuser will be dealt with in either the Magistrates’ Court or the Crown Court.

There are also occupation orders that can exclude an abuser from living at the home and could also exclude the abuser from a defined area in which the home is included.  In making an order the court will take into account the housing needs and financial resources of both the abuser and their victim, the likely affect of any order or of any decision not to make such an order to the health, safety and well being of the parties and the conduct of the parties to each other and otherwise.

The court would apply a balance of harm test and must make an order if it appears that the victim or any relevant child is likely to suffer significant harm attributable to the conduct of the abuser if an order is not made.  Any occupation order can run until further order and it can be quite proper in certain circumstances for a power of arrest to be attached giving immediate protection as this authorises the police to arrest the abuser if he breaks the injunction.

Occupation orders can also be used to get you back into your home if you have been wrongly locked out by your former spouse or partner.

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