In recent years, significant strides have been made in improving legal protections for victims of domestic abuse in England & Wales. However, domestic abuse remains a pervasive problem that affects thousands of individuals every year. It is a form of violence and control that is not limited by gender, age, race, or socio-economic background.
The law has evolved to provide specific legal measures to address the complex and multifaceted nature of domestic abuse, and recent legislative changes have sought to offer more robust protection for victims. Understanding the legal protections available is crucial for anyone experiencing or witnessing domestic abuse and for professionals working within family law.
What Constitutes Domestic Abuse?
In April 2021, a groundbreaking piece of legislation, the Domestic Abuse Act, came into force. One key aspect of this Act is the expanded legal definition of domestic abuse. According to this new law, domestic abuse is no longer limited to physical violence. It officially incorporates psychological, emotional, sexual, and financial abuse. This broadened definition captures the various dimensions of abuse and recognises the harm inflicted on an individual extends beyond physical injuries.
The legal definition now includes:
– Physical abuse (i.e., hitting, punching, or injuring)
– Emotional or psychological abuse (coercive or controlling behaviour such as intimidation, isolation, and manipulation)
– Sexual abuse (non-consensual sexual acts or degrading sexual treatment)
– Financial abuse (restricting access to money or resources in a coercive manner)
– Threatening or coercive behaviour
Significantly, it also recognises “controlling behaviour,” which can involve restricting a person’s autonomy, monitoring their movements, or withholding information. This reflects a growing awareness of how domestic abuse can profoundly affect the victim’s freedom and self-determination, extending beyond the physical realm to mental and emotional harm. The law clarifies that abuse must be viewed not as a one-off event but rather as a pattern of behaviours intended to control and dominate the victim.
Legal Remedies and Protective Measures
Victims of domestic abuse under the jurisdiction of England & Wales have access to numerous legal protections. Several civil and criminal law remedies exist to help ensure the safety and well-being of those subjected to abuse.
Civil Remedies and Orders in Family Law
Civil law provides protections that often work alongside criminal law mechanisms or offer alternative routes for victims hesitant to involve the police. Family law courts are pivotal for addressing complex relationships and providing remedies suited to the dynamics of domestic abuse.
Non-Molestation Orders
Non-molestation orders are among the most commonly applied civil remedies for domestic abuse. Obtained through family courts, these court orders prevent the abuser from harassing, intimidating, or contacting the victim. In many cases, they may be issued ‘without notice,’ meaning the abuser is not informed of the proceedings or given prior notice of the hearing. This ensures that victims can secure protective orders quickly before the abuser is aware of any legal action.
Breaching a non-molestation order is a criminal offence, which adds an enforcement mechanism where police can arrest the abuser. Importantly, the order may also cover children who reside with the victim or are at risk of harm, extending protection to vulnerable family members.
Occupation Orders
An occupation order regulates who can live in or return to a shared home. In situations where both parties continue to live together in a residence (either rented or owned). This order can legally require the abuser to leave the property. Additionally, it can prevent the abuser from attempting to re-enter after they have left. For many victims, access to safe housing is a crucial factor in their ability to break free from an abusive relationship, and occupation orders play a key role in stabilising their living situation.
Courts evaluate these orders based on the balance of harm test. This means the court will weigh the likely harm to the applicant (and their children) if the order is not granted against the harm that may be caused to the abuser if the order is made. The order can last for varying periods depending on the circumstances of the case, and a breach of an occupation order can result in arrest or imprisonment under contempt of court.
Prohibited Steps Orders and Child Arrangements Orders
In cases where children are involved in domestic abuse, courts can issue additional orders designed to protect their well-being. Prohibited steps orders may prevent abusive parents from taking actions such as removing the child from the other parent’s care, moving them to a different school, or taking them abroad without permission from the court.
Child arrangements orders, on the other hand, set specific guidelines on where the child should live and how contact with the other parent should occur. Where abuse is a factor, courts generally ensure that any contact is supervised or that it occurs under highly controlled conditions. While courts often favour contact with both parents, the primary focus remains on the child’s safety and welfare.
The Impact of the Domestic Abuse Act 2021
One of the most important pieces of legislation in recent times, specifically addressing domestic abuse, is the Domestic Abuse Act 2021. This Act is considered a landmark reform in both criminal and family law realms, expanding protections in various ways.
Among the significant provisions of this Act is the introduction of Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs). These orders provide a more flexible and victim-centric approach than previous mechanisms, allowing courts to impose conditions on abusers, such as attending rehabilitation programmes or complying with mental health interventions. The DAPO is designed to combine the strengths of both restraining orders and non-molestation orders to provide long-term and multi-faceted protection for victims.
The Act also embodies special protections for victims during family and civil court proceedings. For example, it prohibits cross-examination of victims by their abusers in family courts, which eliminates an opportunity for the abuser to further traumatise the victim through legal processes. The Act ensures that victims are supported throughout the court process and that legal practices are sensitive to the power dynamics in abusive relationships.
Protection Through Criminal Law
Criminal law provides several avenues for addressing domestic abuse, with police and prosecutors holding perpetrators accountable for their actions. However, some victims may be uncertain about engaging with the criminal justice system due to fears of reprisal or a lack of trust in the authorities. Despite these understandable concerns, police forces throughout England & Wales have taken steps to improve support for domestic abuse survivors, including through more sensitive handling of complaints.
Conclusion
The legal framework in England & Wales has evolved in response to the rising awareness and understanding of domestic abuse. With laws addressing everything from physical acts of violence to coercive control and psychological harm, legal protection now encompasses the full spectrum of abuse faced by victims.
While significant progress has been made, continued commitment is necessary to ensure that victims are not just aware of their rights but also can access them effectively. Through civil and criminal remedies, occupation orders, non-molestation orders, and the various measures introduced by the Domestic Abuse Act 2021, the legal landscape is better equipped to provide safety and justice for victims of domestic abuse.
At its core, domestic abuse legislation in England & Wales reflects a broader societal commitment to ending abuse, and while the system remains complex, the avenues for protection are continuously expanding to meet the ever-evolving nature of abuse.