Domestic violence and abuse can happen at all levels of society and in all relationships. It usually happens behind closed doors when nobody else is around.
There are normally a large number of incidents before an abused party seeks help, either because of embarrassment, fear of the abuser, lack of knowledge, the fact that the abused person still cares for the abuser, fear they will not be believed or of being alone, or a combination of all or any of these.
Research dating back to the 1990's and beyond has shown that while a single incident of violence may be a one-off, as soon as there is more than one incident there is a pattern which will keep repeating itself. The violence is also likely to escalate over time, with there being a large number of relationships which have ended with the death of one of the parties.
The police used not to take domestic violence seriously, based upon a perception that the victim would usually withdraw the complaint before it came to court. Nowadays, they accept it needs to be society, not the individual, who is necessarily telling the abuser their conduct is not acceptable. This has led to an increase in prosecutions of abusive partners for assault. However, when the police do not take control, you will need to obtain an injunction to protect you.
Different Types Of Domestic Abuse Protection Orders.
There are a range of existing orders that can be used in domestic abuse cases, including:
Injunction With Or Without The Power Of Arrest,
Occupation Order With Or Without The Power Of Arrest,
Domestic Violence Protection Notice "DVPN" And Domestic Violence Protection Order "DVPO",
Domestic Abuse Protection Notice DAPN And Domestic Abuse Protection Order "DAPO"
These orders vary widely in terms of who can apply for them, the conditions that can be attached to them and the consequences of any kind of breach.
Injunction With Or Without The Power Of Arrest.
In order for you to apply for one of these orders you must be an “associated person”.
This means you and your partner or ex-partner must be related or associated with each other in one of the following ways:
are or were ever married or engaged to be married
are or were ever in a civil partnership or had agreed to form a civil partnership
are or were living together (this includes same-sex and opposite-sex couples)
live or have lived in the same household, for example as a flat share (but not as a tenant, border, lodger or employee)
are relatives, including: parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)
have a child together
have or had parental responsibility for the same child
are parties to the same family proceedings for the same child
are or were in an intimate personal relationship of significant duration.
If you are not eligible to apply for an order under the Family Law Act, or if you are being continually harassed, threatened, pestered or stalked after a relationship has ended, you can also get civil injunctions under the Protection from Harassment Act 1997.
Injunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made “until further order”.
If you already have an injunction, you may have a power of arrest attached, and you can also have powers of arrest attached to an occupation order. These powers come into effect if your abuser breaks the order (see below, Powers of arrest).
An occupation order regulates who can live in the family home, and can also restrict your abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an occupation order.
If you are applying for an occupation order you either have to have a legal right to occupy the home (as joint or sole tenant or owner of that home), or you have to be or have been married to, or cohabiting with, an opposite-sex partner who is the owner or tenant. The court will apply a “balance of harm” test when deciding whether to make the order.
An occupation order is a type of injunction which deals with who lives at the family home. An occupation order can:
Order your abuser to move out of the home or to stay away from the home
Order your abuser to keep a certain distance away from the home
Order your abuser to stay in certain parts of the home at certain times (for example it can order him to sleep in a different bedroom)
Order your abuser to allow you back into the home if he has locked you out
Order him to continue to pay the mortgage, rent or bills
Occupation orders can only be extended beyond 12 months if you have a legal right to stay in the home (i.e. as owner or co-owner, or tenant/joint tenant, or because you are or have been married to the owner/tenant).
Occupation orders are slightly different, however, and a separate ‘power of arrest’ will still be needed.
Domestic Abuse Protection Notice DAPN And Domestic Abuse Protection Order DAPO.
A DAPN would be issued by the police and could, for example, require a perpetrator to leave the victim’s home for up to 48 hours.
Will provide for DAPOs to have flexible duration so that longer-term protection can be provided where necessary and proportionate.
Breach of a DAPO will be a criminal offence, carrying a maximum penalty of up to five years’ imprisonment, or a fine, or both. We will also enable a breach to instead be dealt with as a civil contempt of court, and would expect the victim’s views to be considered together with other issues of public interest when deciding which sanction for breach is appropriate.
As a protective order, DAPOs could be added to the list of accepted evidence of domestic abuse and could therefore be used by the applicant to apply for Legal Aid in private family law disputes, subject to means and merits tests.
Domestic Violence Protection Notice DVPN And Domestic Violence Protection Order DVPO.
A DVPN may be issued to you, providing you are over 18, if the Police have reasonable grounds for believing that:
You have been violent towards, or have threatened violence towards, an associated person,
The issue of the DVPN is necessary to protect that person from violence or a threat of violence by you.
If you are served with a DVPN you will also be told, within the Notice, of the date, time and location of the proposed hearing for the Police’s application for a DVPO. This must take place within 48 hours of the DVPN being issued.
If you breach a DVPN the Police have the power to arrest you and bring you before the Magistrates’ Court within 24 hours, at which point the application for a DVPO will be heard.
In order to make a DVPO the Court must be satisfied that the following conditions are met:
On the balance of probabilities that you have been violent towards, or has threatened violence towards, an associated person,
The Court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by you.
The effectiveness of the current DVPO is limited due to the absence of criminal sanctions if the order is breached, and the fact that the order can run for no less than 14 days to no more than 28 days.
Non-Molestation Orders are in place and aimed to be used in cases which are not domestic abuse-related in preventing your partner or ex-partner from using or threatening violence against you or your child, such as cases of stalking, intimidating, pestering or harassment, in order to ensure the health, safety and well-being of yourself and your children.
Under new legislation, It is a criminal offence to breach a non-molestation order. however, you should still be able to take your abuser back to the civil court for breaking the order.
Examples of what a non-molestation order might include:
Your abuser must not be violent, threaten violence, intimidate, pester or harass you
Your abuser must not contact you by telephone, email, social media or in person
Your abuser must not attend or contact for any reason your place of work
There is no limit on the length of time that non-molestation orders can be extended.
Restraining Orders, Remain in place so that they can continue to be used in cases which are not domestic abuse-related, such as cases of stalking or harassment where the perpetrator is not a current or former intimate partner or a family member.
Recent legislation also allows a restraining order to be attached when criminal proceedings have been taken – even if the conviction has not been upheld – if the court believes you are likely to be at risk.
If you are not associated to your abuser then you may still be able to obtain protection if you are suffering harassment or being put in fear of violence.
The Protection from Harassment Act 1997 makes it a criminal offence to harass someone or make them in fear of violence will be used against them. You can also apply for an injunction against the person harassing you or making you fear violence. You can also claim damages (financial compensation) from them.
Harassment is a course of conduct that is deliberately intended to cause a person distress or alarm. A course of conduct means two or more incidents of harassment.
When deciding whether any particular course of conduct amounts to harassment, the court will consider whether a reasonable person, looking at the behaviour from outside the situation, would think that it amounts to harassment.
An incident of harassment could be a range of things, for example:
Unwanted phone calls, texts, answer phone messages, letters, emails or visits.
Verbal abuse, threats or comments.
standing outside someone’s house or driving past it.
an act of violence.
Smashing windows or using dogs to frighten you.
Harassment is when someone, or a number of people behave in a way which makes you feel distressed, alarmed, humiliated or threatened.
For the harassment to become a crime, it must have happened on at least two occasions. It could be by someone you know, like a neighbour or people from you local area, or it could be a stranger - for example, someone using social media.
The Protection from Harassment Act 1997 has purposely not fully defined the term “Harassment” so as to allow the courts discretion to decide whether a case is harassment or not. The courts will look at whether most people or a “reasonable” person would think the behaviour amounts to harassment.
This area of law is comparatively recent and case law is resetting the boundaries all the time.
Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts to prevent them from doing it again in the future.
If you believe you’re being harassed and you would like it to stop, there are two main things you can do, depending on the level of harassment and how it is making you feel.
Contact the police - If you’re being harassed and you feel you're in danger you should contact the police. If you think you’re being harassed because of your disability, race, religion, transgender identity or sexual orientation, you can report the harassment to the police as a hate incident or crime.
Find your local police station at www.police.uk.
They will then investigate and decide whether to start a criminal case against the abuser.
If you’ve been the victim of harassment you can take action in the civil courts against the person harassing you, as long as it is within six years of when the harassment happened. Even if the person harassing you has not been found guilty of an offence in the criminal courts, you can still take civil court action to prevent the harassment taking place in the future.
The court can make an order or injunction - this means the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.The court can award compensation - if you’ve suffered financial or emotional loss due to the harassment
It is a criminal offence to break a harassment injunction and if found guilty it carries a maximum prison term of up to a five year.
You can report an incident of harassment or being put in fear of violence to the police. The police may give your abuser a warning of the consequences of his behaviour or arrest him for the criminal offences of harassment or putting someone in fear of violence.
If the case ends up in the criminal courts and there is a trial then the courts can make a restraining order. The court can make a restraining order if your abuser is found guilty or if he is acquitted (found not guilty) of the offence. The lawyer from the Crown Prosecution Service (CPS) can request the restraining order.
A restraining order can prohibit your abuser from doing anything specified in the order including using or threatening violence against you, communicating you (by phone or email) or going to certain places (your home or place of work).
I'm still researching on how this works with this covid.19 so anyone who has actually had to video conference call for either social care or for the family court's please feel free to leave a comment below I would be much appreciated for any information or advice that you may have to share with others. ❣❣❣
Facing Your Ex-Partner In Court.
What is Claire's Law ? ...
Clare's law - domestic violence disclosure
Clare’s Law, nationally known as the Domestic Violence Disclosure Scheme, is named after Clare Wood who was murdered in 2009 by her ex-boyfriend who had a history of violence against men.
The disclosure scheme allows you to ask the police about the information they hold on a person in relation to domestic abuse offences and convictions.
Disclosures provide you with the information we hold on an individual in relation to domestic abuse.
If their checks show that the individual has a record of violent behaviour, or there is other information to indicate someone may be at risk of harm, they will consider sharing this information with you.
Domestic abuse or violence disclosure guidance
Disclosures will only be given to the person best placed to protect the potential victim and who needs to know the details in order to keep them safe. For example, if you are a third party applicant who is worried about the safety of someone else, you may not necessarily be the best person to receive the information.
Police officers always aim to maintain the confidentiality of the applicant and they carefully plan all disclosures to minimise the risk of harm to those concerned. If you receive a disclosure, it should also be treated as confidential.
Please consider the fact that disclosure information is only being given to you so that you can protect yourself, or someone you know. For safety purposes, they ask you not to share the information unless you have been in contact with an officer and they have agreed.
You can use disclosures to ...
keep yourself safe.
keep children and those involved safe.
Ask what support is available.
Ask for advice on how to keep yourself safe.
Apply for domestic disclosure information.
Domestic abuse or violence disclosure applications can be made by calling 101, visiting your local police station or by speaking to one of their officers on the street.
You can apply for information about your own partner or as a third party if you are concerned about the safety of someone you know.
Please be aware that if you are a third party applicant, you should have some form of relationship with the potential victim such as sibling, parent, friend, work colleague or neighbour. You must be able to provide details of the person who is potentially at risk of harm and the person who is thought to cause the risk.
Domestic disclosure application process
Once you have applied for disclosure information, they will carry out relevant checks as soon as they can. An officer will be assigned to your disclosure application and a visit will be arranged. This will include a face-to-face interview to verify your identification and gather further details.
Their aim is to complete all disclosure requests within 35 days but timescales do vary between applications. However, if we receive information which suggests someone is in immediate danger of domestic abuse or violence, appropriate action will be taken.
They may also meet with other safeguarding agencies such as the Probation Service, Prison Service or local council social services to discuss the information you have provided to see whether they have any other related information. This multi-agency meeting will decide whether providing a domestic violence disclosure is lawful, necessary and proportionate.
My own personal opinion on Domestic Violence.
My views and theories are ....
If you are a victim of domestic violence then i would like to tell you from my experiences of helping many thousands of families over the years, that either, they will remove the children from the parent who is the victim and the more loving, nuturing parent by far and placing them in the care of the abusive parent who will usually get full custody, now if the profile fits correctly they would have been just as abusive towards the children during the relationship as the victim was, just as domineering, controlling and narcissistic, and without you around to suffer the abuse or to protect the children the abuser will take their anger and frustration out on the children instead they will get the full brunt of abuse and replace you in your absence, either that or the other option is your children will end up in the care system under the Local Authority.
I CAN ONLY THINK OF ONE LOGICAL ANSWER FOR THIS, THEY KNOW THE ABUSIVE PARENT WILL FAIL, THEN IN TURN THEY KNOW EVENTUALLY THEY CAN REMOVE YOUR CHILDREN FAR EASIER IN THE LONG RUN IF THEY ARE PLACE WITH THE ABUSIVE PARENT. THEY DO NOT CARE LESS IF THE CHILDREN WILL SUFFER ABUSE OR NOT OR THAT THEY BECOME THE NEXT VICTIM. IN MY OPINION THIS IS NOT ONLY FAILING TO PROTECT THE CHILDREN BUT NOTHING LESS THAN A COLD CALCULATED PRE-MEDITATED CRIMINAL OFFENCE NOT TO MENTION AIDING AND A BETTING A CRIME. THEY KNOW THEY ARE ABOVE THE LAW AND THAT THEY WILL NOT BE HELD ACCOUNTABLE OR RESPONSIBLE FOR ANY HARM THE CHILDREN WILL INEVITABLY SUFFER AND WHY? BECAUSE IF THEY WERE EVER QUESTIONED THERE EXCUSE WILL BE THEY DID IT FOR THE BEST INTERESTS OF THE CHILDREN, THAT THEY DID NOT KNOW THAT THE CHILDREN WOULD BE AT RISK OF ANY HARM OR DANGER. THEY WILL ALSO SAY THEY CANNOT BE HELD RESPONSIBLE BECAUSE THEY CANNOT PREDICT THE FUTURE OR WHAT IS GOING TO HAPPEN. YET THEY CAN PREDICT THE FUTURE WHEN IT COMES DOWN TO DECENT LOVING PARENTS BEING ACCUSED OF RISK OF FUTURE EMOTIONAL HARM WITHOUT ANY SUPPORTING EVIDENCE OF THIS AT ALL, USING ONLY THE WEIGHT OF BALANCE OF PROBABILITY THAT A PARENT COULD OR MIGHT CAUSE EMOTIONAL HARM. YET THEY STILL PLACE CHILDREN WITH ABUSERS WHEN THERE IS SUPPORTING EVIDENCE THAT A CHILD IS ACTUALLY GOING TO SUFFER PHYSICAL AND EMOTIONAL HARM WITHOUT ANY SHADOW OF A DOUBT AND WHEN THEY KNOW WHAT IS GOING TO HAPPEN TO THEM.
ANYBODY KNOWINGLY CAUSING OR ARE GOING TO CAUSE, ANY CHILDREN, ANY KIND OF HARM OR NEGLECT WHETHER IT BE PHYSICAL, SEXUAL OR EMOTIONAL SHOULD ALL BE HELD ACCOUNTABLE FOR A PRE-MEDITATED CRIMINAL OFFENCE, WHETHER THEY ARE THE ABUSER OR AN ACCESSORY TO A CRIME OR THEY CONSPIRE TO COMMIT A CRIME/FELONY OF CHILD ABUSE BY PLACING CHILDREN WITH A KNOWN ABUSER, KNOWING THAT THE CHILDREN WILL BE ABUSED IF THEY ARE PLACED IN THAT PERSONS CARE IT MAKES THEM ALL EQUALLY ACCOUNTABLE OF A CRIMINAL OFFENCE AND AS SUCH THEY SHOULD ALL BE MADE TO STAND TRIAL WITHIN THE CRIMINAL COURTS FOR THEIR CRIMES AND MADE TO BE ANSWERABLE TO A JUDGE AND A JURY JUST LIKE EVERYONE ELSE IN THIS COUNTRY.