What is classed as domestic abuse?

Domestic violence may be obvious or subtle and can happen to any age or gender. In some cases, abusive relationships are so insidious that you may not even be sure you are being abused. Speak to one of our understanding domestic abuse specialists who are well equipped to identify signs of relationship violence.

Examples of domestic abuse include:

Physical maltreatment

Physical abuse may involve hitting, shaking, biting, shoving, poisoning, drugging, burning or scalding, drowning, suffocating, or otherwise causing physical harm. This includes threatening physical abuse.

Sexual abuse

Sexual abuse includes any non-consensual sexual activity, by force, coercion, or by taking advantage, for example when you are sleeping or intoxicated.

Emotional & Psychological abuse

Non-physical abuse meant to upset, control, frighten, or isolate you. This includes insults, humiliation, threats or intimidation, manipulation, sabotaging your relationships, and even punishing the behaviour they want to control by giving you ‘silent treatment’.

This also includes behaviours and lies designed to make you doubt yourself, your capabilities, your ability to make your own decisions or your sense of reality; often called ‘gaslighting’. For example, moving things in your home so that they are not where you remember leaving them or denying your recollection of events ever happened.

Financial abuse

Concealing information, limiting your access to assets or family finances, spending your money, stopping you from going to work, university, or the job centre, or controlling your access to essentials including food, toiletries, clothing, or transport.

Coercive & controlling behaviour

Enforcing rules or activities; isolating you from your support network of friends and family; threatening to hurt you, your loved ones, themselves, or your reputation; monitoring you, sometimes using social media or home security cameras; insulting, humiliating or demeaning you; restricting your access to birth control or healthcare; withholding your passport or other legal documents; threatening to place you in a mental health facility or care home against your will.

Harassment

Behaviour designed to intimidate, humiliate or demean you, including persistent unwanted or offensive calls, letters, visits; stalking; flashing; unsolicited sexual messages; vandalism.

Cyber bullying

Bullying or harassment conducted by electronic communication, including social media.

How do I deal with domestic abuse?

If you are in immediate danger, you should call the police on 999. If the danger has passed, you can call the police on 101 to make a police report. Even if you choose not to make a formal criminal prosecution or court injunction, a formal warning may be given.

Making a police report for each instance of domestic violence may help your case if you choose to press charges later. It is important to note that domestic violence often escalates over time if it is not dealt with effectively.

If the police are unable to assist, civil law protects you. If appropriate, orders can be obtained before your abuser is made aware of the application.

Can I get legal aid for domestic violence matters?

If you cannot afford a solicitor, we will carry out a free legal aid assessment to see if you can get your legal costs covered.

Women and children can call Refuge’s helpline on 0808 2000 247. Men can call Respect on 0808 8010327. Anyone can call Victim Support on 08 08 16 89 111. If you believe your phone or device is being monitored, you may want to call from a different device.

What protection is available for me?

There are some orders which can be applied for urgently by the police to keep you safe in the short term. There are other orders which may be applied in the civil courts to resolve matters more long-term, but will often take longer to build a case.

Breaching a court order is a criminal offence. This allows the police to arrest your abuser if they breach the order.

Domestic violence protection order

The police can apply to magistrate’s court if you are in danger, to stop a person coming near you or contacting you. They last 28 days.

Stalking protection order

The police can apply to the magistrate’s court to prohibit stalking behaviour. They may apply an interim order or a full order.

Non-molestation order

We can help you apply to the court for an injunction against a partner, ex, or family member. This prevents specific abuse including violence, threats, contact or harassment, and going to your home, workplace or school.

Occupation order

We can help you apply to court for an occupation order to prevent someone from living with you or accessing your home, it can even be applied against the homeowner, for a limited time period.

Prohibitive steps order

We can help you apply to court for an order to prevent one or both parents from removing a child from the care of the other or taking them outside of England and Wales.

Emergency protection order

We can help you apply to court for an order to protect a child from physical, mental or emotional harm.

Female genital mutilation protection order

We can help you apply to court for an order to protect a person at risk of female genital mutilation (FGM). Or to protect a victim of FGM from being prevented from returning to the UK.

Forced marriage protection order

We can help you apply to court for an order to protect a person at risk of forced marriage, or a person who is already in a forced marriage.

Domestic abuse protection order

This is a new order being piloted in Gwent, Bromley, Croydon and Sutton, to protect victims from all forms of abuse, including non-physical abuse and controlling and coercive behaviour.

If successful, it may be rolled out across the country. It covers a greater range of protective measures.

The courts will only apply an order if it is necessary and reasonable in response to the level of risk.

Get in touch to see how our team can help you obtain a court order for your protection.

029 2046 1480help@sblawyers.co.uk