Director and Solicitor
Harrogate Family Law
2.3 million people over the age of 16 are estimated to have experienced domestic abuse (year ending March 2024).
That’s just one shocking statistic from the Crime Survey for England and Wales. If you or someone you know is the victim of domestic abuse, you’re not alone. Take a look at our guide to your legal protections and how to seek help.
Understanding domestic abuse
Domestic abuse is a crime, and thanks to the Domestic Abuse Act 2021, victims have stronger protections enshrined in law than ever before.
The term isn’t limited to physical violence, and can also include emotional, psychological, financial, and sexual abuse, as well as coercive control.
It is not uncommon to feel that you are to blame or that you cannot get out of it. This is not the case with the right help.
What if I or someone I know needs immediate protection?
If you’re in immediate danger, you must always call 999. The Silent Solution is a system that ensures you get the help you need in situations where you’re unable to talk, are calling from a landline or are deaf or hard of hearing.
The police can issue Domestic Violence Protection Notices (DVPNs) and apply for a Domestic Violence Protection Order (DVPO). These measures provide short-term protection by removing them from your home and prohibiting them from contacting you.
They can also give you the space and thinking time you need to seek legal advice about the future.
Reporting domestic abuse and getting legal support
All domestic abuse, even if there’s no immediate threat or danger, can be reported to the police. Then, it’s best to seek legal advice from a knowledgeable and reputable family law firm, such as Harrogate Family Law.
This will help you to fully understand your options and get any advice you might need about divorce and separation proceedings and the arrangements for the children.
Legal orders to protect you: what are the options?
Several legal orders can provide longer-term protection:
Non-Molestation Order: Prevents your partner from using or threatening violence, harassing, intimidating, or contacting you.
Occupation Order: Determines who can live in the family home, potentially excluding the abuser even if they own or rent the property.
Restraining Order: Issued by a court following criminal proceedings to prevent an abuser from contacting or approaching you.
Child arrangements Order: Deals with who the children should live with and how they should spend time with each of you (if at all).
Prohibited steps Order: Stops someone from doing certain things to protect the children. For example, taking them out of the country or removing them from you or school.
Financial remedy Order: if you are married, this will sort out what money you need to be able to move on with your life and break as free as you can from that relationship.
Your solicitor will be able to advise which option is the most appropriate for your situation.
Can I get support with my legal fees?
In some circumstances, yes, although you’ll have to meet strict criteria. Use the GOV.UK website to find legal aid solicitors in your area who can assess your eligibility. Even if you are not eligible for legal aid, there may be other options to give you a “fighting fund”. This is important because often, you can fear being overpowered and on the back foot.
Financial and Housing Support
If you’re leaving an abusive relationship, you’ve probably got lots of questions about what will happen financially.
It’s a good idea to find out what, if any, benefits you might be entitled to such as Universal Credit, or any assistance from charities like Women’s Aid and Refuge. The Citizens Advice Bureau is a good starting point for putting yourself in the know. However, it may also be the case that your ex should pay you an amount of money per month too.
If you need emergency housing for immediate safety, you may need to secure a place in a refuge. The National Domestic Abuse Helpline, the Men’s Advice Line and IDAS can help to point you in the right direction, as can the police if they’re involved. There are also local authority housing options but it may also be possible to get a house through court.
What other support might I need?
It is common for you to feel like you will not be able to weather the storm of leaving an abusive person. It can be vital to get the right professional support including a therapist, re-connecting with your friends and family that you may have been isolated from as well as getting any help you need from your GP, work and your children’s school/nursery.
How a family law solicitor can help
Experiencing domestic abuse is a trauma, and you’ll need the right people in your corner. A family law solicitor can provide a range of support and legal guidance, including:
- Applying for protective orders.
- Child arrangements and safeguarding.
- Divorce and financial settlements.