Domestic Violence in UK Family Law
Domestic violence or abuse is considered as one of the most concerning matters in UK family Law. If you and your child are victims of domestic violence and feel threatened by your partner, you should seek immediate assistance from our qualified Domestic Abuse lawyers.
We can help represent your precariously sensitive matters with the court proceedings to ensure you are safeguarded from the harms of any form of domestic abuse from your ex-partner.
What are the Signs of Domestic Abuse?
Domestic violence doesn’t always have to involve physical abuse, it can take multiple forms and you should carefully look for the following major signs of domestic abuse.
Being forcefully isolated from your friends and family
Having acid burns, bruises, bite marks, etc
Victim of a Controlling behaviour
Locked in a house or a facility and prevented from leaving the house or going to work, etc
Your social media or internet activity is being monitored, privacy violation by reading your texts, emails or letters
Being verbally abused and bullied of being worthless and devalued
Domestic Abuse Helplines and Services
Luckily in the United Kingdom, there are several helplines and support services all across the four states of the UK. These services operate 24 hours, namely:
- England: Refuge’s National Domestic Abuse Helpline
- NorthernIsland: Domestic and Sexual Abuse Helpline
- Scotland: Domestic Abuse and Forced Marriage Helpline
- Wales: Live Fear Free helpline and support services
- Nationwide Men’s Advice Line providing guidance for male victims
- Bright Sky mobile app for safety planning and advice
- Women’s Aid support and refuge services
- Safe Spaces as confidential reporting locations
- Domestic abuse perpetrators programme for behaviour change support
- Cafcass family court advisors offering guidance for families
Victims of domestic abuse can get help from these services under the UK Family Law.
Different Forms of Domestic Violence
- If you are a victim of domestic abuse, there are various forms besides being physically abused and these include:
- Emotional abuse – Persistent behavior that undermines a person’s self-worth, such as insults, humiliation, or manipulation.
- Mental torture – Inflicting severe psychological suffering through extreme control, isolation, or harassment.
- Marital rape – Non-consensual sexual activity forced by a spouse against their partner.
- Economic abuse – Controlling a person’s finances to limit their independence, such as restricting access to money or employment.
- Online abuse – Using digital platforms to harass, threaten, or humiliate someone, including cyberstalking or sharing private content without consent.
- Coercive abuse – Repeated patterns of controlling and threatening behavior to dominate someone’s life and decisions.
- Bride burning – A violent act, often involving setting the bride on fire, usually over dowry disputes.
- Honour killing – Murdering a family member, typically a woman, to “protect” family honor after perceived transgressions.
- Threats and intimidation – Using fear, threats, or aggressive behavior to control or manipulate someone.
- Sexual abuse – Any non-consensual sexual act, harassment, or exploitation inflicted upon a person.
What is a Domestic Abuse Bill UK?
Passed in July 2020, the Domestic Abuse Bill ( a.k.a Domestic Bill Act 2021) is implemented all across the UK. The domestic bill UK is a legislative act to bring perpetrators (domestic abuse offenders) to justice while protecting the victims of domestic abuse.
Under the Domestic abuse act, the court will be given a responsibility to consider the following:
- In case of the Victim’s participation or absence of evidence in the court proceedings is linked to the vulnerability factor, allow additional participation through ‘ special measures’ to support them
- The court must also consider other matters in this context( overrule the definition of vulnerability), including the victim’s age, mental disabilities, or other associated anomalies
- Consult our expert solicitors for further details.
Liaise with the Police
If you are a victim of domestic violence or abuse, you may need to contact the police for your safety and protection.
The police can help you by:
- Responding to your emergency calls and providing immediate assistance
- Taking statements from you and any witnesses
- Gathering evidence of the abuse, such as photos, medical reports, or CCTV footage
- Arresting the perpetrator if there is enough evidence or reasonable grounds
- Referring you to other support services, such as domestic violence helplines, shelters, or counselling
- Applying for a Domestic Violence Protection Notice (DVPN) or a Domestic Violence Protection Order (DVPO) on your behalf, which can ban the perpetrator from contacting you and may be extended for up to 28 days
We can liaise with the police and advise you on how to deal with them effectively. Axis Solicitors can also help you obtain copies of any police reports or evidence that may be useful for your case.
Obtain Police Reports
Police reports are official documents that record the details of a crime or incident. They can be accommodating for your case, as they can provide evidence of the abuse you have suffered and the impact it has had on you and your children. Police reports can also support your application for a Non-Molestation Order, an Occupation Order, or a Child Arrangement Order, which can protect you and your children from further harm.
Let us communicate with the police to obtain the reports on your behalf and advise you on using them in court. We can also help you challenge any inaccurate or incomplete information in the reports or request additional information.
Domestic Violence Protection Orders
The legal system offers various protections to individuals experiencing domestic violence, ensuring their safety from further harm and threats. These include:
Emergency Injunctions: These orders, issued secretly from the abuser by a civil court, aim to prevent further harm.
Enforcement: Effective upon serving the abuser, these orders must be shared with the local police and sometimes schools, landlords, and mortgage companies to ensure compliance. They apply to various relationships, including intimate and family ties.
How to Take Action Against Domestic Violence in the UK?
Domestic violence is a crime, and there are legal and support pathways to help victims stay safe. You are not alone, and help is available 24/7.
- Call 999 if you are in immediate danger.
- Contact a domestic abuse helpline for confidential advice.
- Report to the police (101) for non-emergencies and court orders.
- Use support apps like Bright Sky for safety planning.
- Seek legal help for protective orders and court guidance.
- Access safe spaces in community locations for shelter or calls.
- Speak to health or social services for housing and long-term support.
Taking action is difficult, but reaching out is the first step toward safety and recovery.
Provisions in Courts Under Domestic Abuse Bill UK
1. Domestic Abuse Protection Orders and Notices
- Introduces Domestic Abuse Protection Orders in family courts.
- Allows issuance of Domestic Abuse Protection Notices for immediate safety.
- Protects victims and their children from further harm.
2. Safe Accommodation for Victims
- Requires local authorities in England to provide safe housing.
- Ensures victims and children have secure refuge options.
- Supports priority access for homeless domestic abuse victims.
3. Broadening the Legal Definition of Domestic Violence
- Recognizes emotional, economic, coercive, or controlling abuse.
- Clarifies statutory meaning beyond physical violence.
- Applies across criminal, civil, and family court proceedings.
4. Court Protections and Procedural Changes
- Victims eligible for special measures in court hearings.
- Prohibits perpetrators from personally cross-examining victims.
- Court-appointed lawyers conduct cross-examinations instead.
5. Offender Accountability and New Offences
- Creates offences like suffocation and non-fatal strangulation.
- Enables polygraph testing for offenders post-release.
- Introduces domestic abuse perpetrator strategy and tenancy protections.
Types of Domestic Violence Protection Orders
1. Non-Molestation Order
- Prevents harassment, threats, or violence against victims and children.
- Can forbid communication with the perpetrator or their associates.
- Breach of the order (6–12 months) is arrestable; emergency orders require a follow-up hearing.
2. Occupation Order
- Determines who can live in the family home and may evict the abuser.
- Often lasts 6–12 months with potential arrest powers under specific conditions.
- Protects victims’ residency rights and family safety.
3. Prohibited Steps Order
- Stops someone with parental responsibility from removing children from care.
- Applied in emergencies or when a recent threat exists.
- The court issues it if it serves the child’s best interests, sometimes replaced by a child arrangement order.
4. Domestic Violence Protection Notice (DVPN)
- Issued by police to alleged abusers posing an immediate risk.
- Lasts 48 hours, barring contact and residence; can extend to 28 days as a DVPO.
- Gives victims time to consider options and secure safety.
5. Restraining Order
- Criminal court version of a non-molestation order following proceedings.
- Protects against violence or harassment regardless of defendant guilt.
- Breach is a criminal offence; can last a set period or until further notice.