How to legally protect yourself and your children when leaving an abusive relationship
In the UK today, over 2.3 million individuals are suffering domestic abuse at the hands of a partner or family member. One of the key reasons sufferers of domestic abuse stay in abusive relationships is because they are unsure how they can leave safely, especially if they have children. However, you don’t need to feel trapped – our team of specialist family solicitors can help you protect yourself and your children by legal means.
If you are suffering domestic abuse, you don’t have to face it alone. You can call the National Domestic Abuse Helpline at any time of the day or night on 0808 2000 247 for free advice and support. You can also look at the government website for more information about the services available to support you.
The Domestic Abuse Bill 2019-2021
In January 2019, the government introduced the Domestic Abuse Bill 2017-19. The legislation was reintroduced in March 2020 as the Domestic Abuse Bill 2019-21, and received royal assent on 29 April 2021. Amongst other things, this legislation seeks to:*
- Create a modernised definition of domestic abuse to include non-physical forms of abuse
- Name local authorities as responsible for providing accommodation-based support to domestic abuse victims and their children in refuges and other safe accommodation
- Legitimise the role of Domestic Abuse Commissioner and dictate their duties and powers
- Include post-separation controlling behaviour, threats of “revenge porn” (sending sexually explicit pictures or videos of the subject to others without their consent) and non-fatal strangulation or suffocation as domestic violence offences.
- Legally confirm that an individual cannot consent to their own serious injury or death
- Prioritise homelessness assistance for homeless victims of domestic abuse
- Forbid health professionals from charging domestic abuse victims for letters supporting an application for legal aid.
*This is not an exhaustive list. You can receive a full breakdown of the new legislation on the government website.
What counts as domestic abuse?
Domestic Abuse specifically refers to abusive behaviour inflicted on someone who is a romantic partner or family member of the perpetrator. As per the new legislation, domestic abuse includes the following:
- Physical or sexual abuse
- Violent or Threatening behaviour (such as intimidation, threat to yours or your children’s safety, shouting, throwing objects, breaking property)
- Controlling, manipulative or coercive behaviour (such as preventing you from seeing family and friends, controlling where you go or what you wear, manipulating you to get what they want, threatening to harm themselves if you end the relationship)
- Financial control (financially depriving you or withholding your own money to control your actions)
- Emotional or psychological abuse (insults, gaslighting, accusing you of infidelity)
You do not need to be living with the perpetrator for their behaviour to be considered domestic abuse.
What can I do if I want to leave an abusive relationship?
You could seek two forms of injunction known as a non-molestation order and an occupation order in order to protect yourself and your children. A non-molestation prevents the perpetrator from being able to harass you or continue their abusive behaviour towards you; for example, a non-molestation order can forbid your partner or ex-partner from getting in contact with you or from entering your home.
With an occupation order, the court can decide who lives in any part of the family home. For example, they can prevent your abuser from continuing to live with you.
Breaching a non-molestation order is a serious criminal offence, and the perpetrator could face imprisonment for doing so.
Will I have to go to court?
In most cases, you may need to go to court to apply for a non-molestation order and/or occupation order. You and your partner or ex-partner will usually need to attend a hearing, though special measures can be taken in court to ensure your safety.
You could apply for an “without notice” injunction if you are concerned that the perpetrator could become more abusive if they are notified of the application. This will mean that they will only be aware of the order once it has been granted and they have personally been served with the order. The order will be valid until a court hearing, at which the judge will either decide to make the order permanent or dismiss it.
Do I have to prove I am suffering domestic abuse to obtain legal protection?
You usually do not have to prove that you or your children have experienced domestic abuse in order to apply for an injunction.
Unfortunately, you may need to provide evidence of domestic abuse in order to qualify for legal aid – legal aid can cover your legal costs if you cannot afford them yourself. We can refer you to a legal aid solicitor should you qualify.
The evidence you can obtain will depend on the type of abuse you have experienced and who the sufferers were (whether you have suffered the abuse, whether your children suffered the abuse or both). Talk to our solicitors on 020 8840 6640 to find out which kinds of evidence you may need.
Can I stop my abuser from seeing our children?
Your partner or ex-partner may apply for a child arrangement order which dictates how and when they can spend time with the children. Family courts prioritise the wellbeing and safety of the children in any matter they handle, meaning they will not grant an application which would put the children in harm’s way.
However, if it is believed the other parent poses no threat to the children (even if they were abusive towards you) the situation can be more complicated. Our team will be able to offer advice on this subject regardless of your circumstances.
How Starck Uberoi Solicitors can help
No one deserves to experience domestic abuse and we understand how difficult it can be to leave an abusive relationship – but there is a way out. Our family law solicitors have Law Society Accreditation and extensive experience in handling cases in which domestic abuse has been a factor. Whatever your situation is, we will support you from start to finish.
For more information about our divorce services, please see the family & divorce page on our website. To book an appointment, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, all within easy reach by public transport. Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at any of our offices.
