October is Domestic Abuse Month.
Domestic abuse has a huge disrupting effect on families and its effects can leave long lasting negative consequences not only for the victims but for the children of the family and wider family members. Disruption and the effects of domestic abuse can last for years, often long after the end of the relationship.
Domestic abuse is a criminal offence. The Domestic Abuse Act introduced a statutory definition of domestic abuse in 2021, attempting to ensure that domestic abuse is properly understood and viewed as unacceptable and is regarded as criminal behaviour. Any act of domestic abuse should be reported to the police, who should investigate, and prosecute when appropriate.
However, in some cases victims turn to Family Law to seek protection from domestic abuse. Protective orders such as Non-Molestation Orders, Occupation Orders, or where there are children, Prohibited Steps Orders, and other measures, can be an effective protection for victims and their children.
Having said that, it is extremely important that the victims’ circumstances are considered as a whole, and that a holistic approach is taken when considering whether an application to the court should be made.
For example, if a victim has fled domestic abuse, relocated, and her or his location is unknown to the perpetrator, a careful and considered approach must be taken when considering if any court action should be taken. For example, an application for an order may disclose to the perpetrator the location of the victim and may open the court doors to the perpetrator who may take the opportunity to use the court system as a continuous form of abuse.
Protective family orders are a powerful tool to ensure that the victims and their children receive the protection they require, but every family situation is different, and each family’s circumstances must be considered as a whole. it must be considered carefully, bearing in mind the entirety of the family complexities to ensure that applications do not end up causing more harm than protection that they offer.
In addition, it can often be the case that protective orders such as those mentioned above, can almost compete with the other issues in relation to finances and/or children. For that reason it’s so important to seek good legal advice and make sure that just because you have the grounds for a non-molestation order, if you are protected in other ways, and what you actually want is to try and resolve the financial issues or agree co-parenting, there might be more effective ways of doing this.
Our team are specialists in helping clients look at this in a holistic and proportionate way. Contact us for more information.
Irena Osborne, Founding Partner