Victims of Domestic Abuse – Here’s What You Can Do
In the UK, Domestic abuse (or Domestic Violence) is considered to be any incident or pattern of incidents of controlling, coercive, threatening, violent or abusive behaviour.
This includes but is not limited to psychological, physical, sexual, financial, or emotional abuse. Any behaviour that causes harm or distress to another person such as stalking, harassment or forced marriage is considered abuse.
The law also recognizes that domestic abuse can occur regardless of whether the victim and perpetrator are living together or not. It can also happen between partners, family members or former partners regardless of their gender or sexuality.
If you are being abused in any of these ways, the law can help.
You can obtain an injunction.
What is an Injunction?
Injunctions are legal orders that are issued by the court to prevent someone from engaging in certain activities or to require them to take certain actions. In the context of domestic violence, injunctions are often used to protect victims from further harm and to prevent their abusers from contacting or approaching them.
In the UK, there are two main types of injunctions that are commonly used in cases of domestic violence: non-molestation orders and occupation orders.
Non-molestation Order
A non-molestation order is a court order that prohibits someone from using or threatening violence against another person or from intimidating, harassing or pestering them. This type of injunction can also prevent someone from contacting the person they are prohibited from molesting, and can also cover other forms of behaviour, such as stalking.
Occupation Order
An occupation order, on the other hand, is a court order that regulates who can live in a particular property or who can enter certain parts of it. This type of injunction can be used to remove an abuser from a shared home, or to prevent them from entering certain areas of the property, such as the victim’s bedroom.
How do you obtain an Injunction?
In order to acquire an injunction, the victim will need to apply to a court. This can be done without the assistance of a solicitor. However, it is preferable to seek legal advice to make sure the process is understood and the case is prepared well. More on the process here.
Legal aid is also available to help victims of domestic violence to obtain injunctions, although there are strict eligibility criteria that must be met. In order to qualify for legal aid, the victim must be able to demonstrate that they have experienced or are at risk of experiencing domestic violence, and that their income and assets fall below a certain threshold.
In recent years, there have been concerns that changes to the legal aid system have made it more difficult for victims of domestic violence to access legal assistance. In particular, changes to the eligibility criteria and the introduction of fees for certain types of applications have been criticized for making it harder for vulnerable people to obtain the legal help they need.
However, there are still many organizations and charities that offer support to victims of domestic violence, including legal advice and assistance with applying for injunctions. These organizations can be a vital source of support for victims who are seeking to escape abusive relationships and to protect themselves and their children from further harm.
Additional help
In addition to obtaining injunctions, victims of domestic violence may also be able to seek other forms of legal protection, such as restraining orders or orders for the abuser to attend a domestic violence perpetrator program. These types of orders can also be obtained through the courts and can help to prevent further abuse from occurring.
Overall, while obtaining an injunction can be a difficult and stressful process, it can be a vital step in protecting victims of domestic violence and preventing further harm from occurring. Legal assistance is available to help victims to navigate the process and to ensure that they understand their rights and options.
If you or someone you know is experiencing domestic violence, it is important to seek help and support as soon as possible.
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