Domestic abuse - An Introduction

Contrary to common misconceptions, domestic abuse is not limited to physical violence but encompasses various forms of coercive control.  Thankfully, we have come to accept and understand that domestic abuse encapsulates so much more.  This understanding was recognised by The Domestic Abuse Act 2021 which provides a statutory definition for domestic abuse that recognises and includes not just physical violence but psychological, economic, sexual and coercive/controlling behaviour.

Domestic abuse occurs where such behaviours transpire from one person to another if they are both aged 16 years or over and they are personally connected persons.  Personally connected persons can be intimate partners, ex-partners, family members or a have a parental relationship in relation to the same child.

Despite increased awareness and efforts to combat it, domestic abuse remains a significant challenge in societies worldwide.  According to statistics from the Office for National Statistics (ONS), an estimated 2.1 million adults in England and Wales experienced domestic abuse in the year ending March 2023.  That’s 1 in 25 adults.

Who it affects?

While it can impact anyone regardless of gender, age, ethnicity, or sexual orientation, statistics indicate that women are disproportionately affected by domestic abuse.  ONS data reveals an estimated 1.4 million women and 751,000 men aged 16 years and over experienced domestic abuse in the last year, a prevalence rate of approximately 5.7% of women and 3.2% of men.

Men and Domestic abuse

While most reported cases involve female victims, societal norms and pressures of masculinity have created barriers to men in opening up and reporting instances of domestic abuse.  Men often feel too ashamed and emasculated to be a victim of domestic abuse.  Increasing awareness of its high prevalence and overcoming traditional gender norms and stereotypes is crucial in encouraging male victims to seek help and support.

Advice for Victims:

If you find yourself in a situation where you are experiencing domestic abuse, it's essential to know that you are not alone, and help is available. Firstly, prioritise your safety and well-being above all else.  Reach out to trusted friends, family members, or support organisations for assistance and emotional support.  Remember that seeking help is not a sign of weakness but a courageous step towards rebuilding your life free from abuse.  At the bottom of the article, we shall list some links to organisations offering support.

How can we help?

The family team at Leeds Day benefits from a range of established and experienced solicitors, who can offer comprehensive legal support to victims of domestic abuse.  Our experienced team understands the complexities of domestic abuse cases and provides compassionate and confidential assistance to those in need. We offer personalised legal advice, tailored to each client's unique circumstances, helping them understand their rights and explore their options for legal recourse.  This may include applying under the Family Law Act 1996 for protective injunctions to ensure the safety and well-being of our clients and their dependents.  Injunctions can be used to forbid an individual from acting in a certain way.

Types of Injunctions

• Non-molestation Order (NMO) – This order forbids an abuser from using or threatening physical violence, intimidating, harassing, or pestering the victim.  It also prevents the abuser from instructing others to carry out the same.  Dependent on the facts of the matter, NMOs can prevent an abuser from coming within a certain distance of the victim’s home, workplace and more.  Upon grant of the order, we would notify the local police, placing them on standby should a breach occur.  Any breaches of the order are an arrestable offence.  Should a victim fear that their abuser would react to these court proceedings, we can apply for a NMO to be made without notice on the respondent should the case meet the necessary requirements.

• Occupation Order – An Occupation Order is granted in severe circumstances of domestic abuse.  They work to regulate the occupation of a property and can exclude an individual from a home that they are legally entitled to occupy.  The order can evict an abuser from the home, prevent them from returning, and suspend an abuser’s rights to occupy or visit.  The order can also prohibit an abuser from entering within a certain proximity to the property. 

• Prohibited Steps Order – This order forbids those with parental responsibility of children from taking the child away from the victim’s control and care.  This may be required where an abuser may use their control of their children to coerce the victim.  Such an application would be made in court proceedings relating to children.

Above we have listed just some of the many solutions and measures that can be taken to ensure our client’s safety and welfare.  We work closely with support services and agencies to address our client’s emotional and practical needs.  We also can provide representation in court proceedings, guiding our clients step by step through what can seem a daunting legal process.

If you would like to speak to us about your situation please contact our family team by calling 0333 577 2250 or emailing family@leedsday.co.uk.