Domestic abuse during Lockdown
by Harry Pollock
With most of the country going into lockdown to combat COVID-19 epidemic, it is challenging for most people to be stuck at home. However, for those who are victims of domestic abuse, it is terrifying. Refuge UK has reported a dramatic rise in calls to them regarding domestic abuse since the lockdown, as such it is important for the victims of domestic abuse to get correct advice.
What is domestic abuse?
Domestic abuse is a catch all term that is wider than just physical violence and threats. It includes emotional and psychological abuse, harassment or controlling behaviour and financial abuse. With the country going into lockdown, this can include refusing a partner to use social media and, as such, not have their normal support network.
Some men and women may not realise they are the victims of domestic abuse. Some may be too scared to reach out to the relevant authorities or ask for support as a result of threats made to prevent them from reaching out. Some simply do not want to accept this is happening to them and some simply do not want to become a ‘statistic’. Some are concerned about the police presence in front of their homes, and “what the neighbours will think” Some are worried about destabilising their children’s day to day life. Some are financially dependant on the perpetrator of domestic violence and see no way out of their situation.
It is crucial to understand that the perpetrator of the abuse relies exactly on the victim’s fears to continue their behaviour against the victim. If there are children of the family, keeping up appearances and carrying on as if nothing is happening may actually have a detrimental effect on their emotional wellbeing and ability to perceive what a healthy, normal relationship should look like.
We have, over the years, interacted with so many clients who were victims of domestic abuse. We may not have seen it all, but we have seen a lot. We understand the struggles and we are able to at the very least provide you with an understanding of what you are going through and what options are available to you in your circumstances during our FREE initial meeting/ telephone conference.
How Lennons can help you?
We have many years of assisting the public in family matters, and through our experience, we have seen that it is not always necessary to go to Court to stop the abuse. In certain circumstances, we have found that a warning letter written by us asking the perpetrator of domestic violence to stop his behaviour, or we would be forced to apply to court, curtails the abuse in some cases.
However, in some situations it is more appropriate to apply to Court for the Judge to make an Order to protect the Victim from harm or further harm. There are two main orders that can be applied for either individually or together, namely a Non-Molestation Order and an Occupation Order. It is worth noting that these are temporary orders and not permanent ones.
Occupation orders
This Order allows the court to state who should live in a property, or sections of the home, banning the perpetrator of domestic violence from entering the property or certain rooms. An occupation Order is seen as a draconian order, so it is not the kind of order a Judge would make without a rigorous scrutiny process, which includes hearing evidence from both parties to establish whether the victim is indeed at risk of harm or has suffered harm in the past and whether the perpetrator is in a position to leave the property to live elsewhere. A ‘power of arrest’ may be attached to this order enabling the police to take immediate action in the event of a breach. This would not be necessary in the case of a Non-Molestation Order.
Non-Molestation Order
This is an Order that forbids the perpetrator of domestic violence from conducting certain things that would amount to domestic violence/ abuse, and has an inherent power of arrest, thereby allowing the police to arrest for breach of the order.
The order can be made to forbid the perpetrator from using or threatening any violence against the victim, from intimidating, harassing or pestering the victim, from causing damage to the property of the victim (for example, slashing car tyres) and from encouraging or instructing others to do what they are not meant to do as per the Order.
It can also be used to stop the perpetrator from communicating with the victim and can exclude them from an area or property, in similar ways to an Occupation Order. The exclusion element within a Non-Molestation Order would be adequate if the perpetrator of abuse does not live with the victim.
What can you do to help yourself?
Firstly, if you are a victim of domestic abuse you should consider reporting the matter to the police, as they can often take immediate action. There are also a number of organisations such as Refuge UK or Women’s Aid that can assist you (phone numbers at the bottom of this article).
Secondly, if you would like to discuss your particular situation or options with a solicitor, Lennons’ Family Department offer a FREE initial consultation for new clients, during which one of our family Lawyers can discuss your situation with you by phone or virtually. Legal Aid may be available for you if you are the victim of domestic abuse and, while we do not have a contract with the Legal Aid Agency, we are able to signpost you to other solicitors in the local area who may be able to provide Legal Aid.
If you have any questions or would like some advice regarding the above, please call us on 01494 773 377 and ask to speak to Sarah Forster or Gavin Henshaw in the Family Department.
For information and support on domestic abuse:
- Police: 999 press 55 when prompted if you can’t speak
- Refuge UK wide 24-hour helpline: 0808 2000 247
- Welsh Women’s Aid Live Fear Free 24-hour helpline: 0808 80 10 800
- Scotland National Domestic Abuse and Forced Marriages 24-hour helpline: 0800 027 1234
- Northern Ireland Domestic Abuse 24-hour helpline: 0808 802 1414
- https://www.womensaid.org.uk