Legal Protections When Leaving an Abusive Relationship

Introduction: When Safe Havens Feel Further Away

Domestic abuse is of course a terrible scourge at any time of the year. But as we enter autumn and approach the holiday season it can be even worse, both in terms of an increased incidence of abuse, and the effect of abuse on victims.

Sadly, domestic abuse levels can increase over the holiday season, fuelled by family pressures and consumption of alcohol.

And whilst for many this time of year can bring joy, for victims of domestic abuse it can simply intensify feelings of isolation, fear, and danger. The unique challenges of housing shortages, travel disruptions, and social pressures can make escaping abuse feel impossible.

This post will provide a vital lifeline for victims of domestic abuse, outlining the specific challenges faced during this time of year and detailing the immediate protective legal options and help available, from emergency injunctions to accessing shelters and navigating the court process.

What is domestic abuse?

Before we go any further, we first need to briefly consider exactly what constitutes domestic abuse, particularly as some may not realise that they are a victim of abuse.

Domestic abuse is actually a relatively recent term in family law. It used to be referred to as ‘domestic violence’. But that term suggested that it was limited to acts or threats of violence. Nowadays it is understood that domestic abuse can be much more than just that.

And in 2021 parliament set out the first statutory definition of domestic abuse. The definition states that behaviour is “abusive” if it consists of any of the following:

• physical or sexual abuse;
• violent or threatening behaviour;
• controlling or coercive behaviour (such as preventing the victim from communicating with friends or family);
• economic abuse (see below); or
• psychological, emotional or other abuse.

It does not matter whether the behaviour consists of a single incident or a course of conduct.

“Economic abuse” means any behaviour that has a substantial adverse effect on the victim’s ability to:

• acquire, use or maintain money or other property, or
• obtain goods or services.

The Compounding Challenges of Isolation and Instability

As we have just seen, a domestic abuser may seek to control their victim, both physically and economically, constricting the movements of the victim, thereby making it more difficult for the victim to escape the abuse.

But the behaviour of the abuser isn’t the victim’s only problem. Their difficulties can be compounded by practical challenges of isolation and instability that can arise at this time of year.

Thes challenges can include:

• Travel Difficulties: Very often, a victim of abuse will not have access to a car, meaning that they have to rely upon public transport to get about, and to flee their abuser. But public transport can of course be subject to disruption, particularly at this time of year, due to the number of people using it, and disruptions due to bad weather. The victim may also have difficulty paying the cost of public transport, particularly if their abuser has limited their access to finance.
• Housing Shortages: And then there is the question of where the victim can go to live if they are able to flee their abuser. Many victims will not have friends or family who can provide them with accommodation, and will not have the financial capacity to obtain accommodation of their own. This may leave them with no option other than to seek accommodation in a refuge, at least in the short term. But increased demand on services and shelters during peak seasons can lead to a scarcity of available refuge spaces.
• Increased Isolation: Lastly, the pressure to attend family functions over the holiday season, or the presence of extended family, can provide more opportunities for an abuser to control and monitor a victim, making it harder to seek help secretly.

Safety First: The Power of a Plan

So, what can a victim do to deal with these challenges and safely escape their abuser?

The first thing is to create a Safety Plan, so that they are ready to escape when the time comes. The plan can include such things as:

• A Go-bag: A small bag containing essential items and documents (passport, birth certificates, keys, etc.), a change of clothes, and some cash.
• Code words: The victim can create a simple code word with a trusted friend or family member, so that they are able to signal for help without alerting the abuser.
• Safe places: Lastly, the victim should if they can identify safe places to go, such as a friend’s house, a public place, or a refuge.

Sometimes, of course, the victim may need emergency assistance from the police, in which case they should of course call 999.

But sometimes it is simply not safe for the victim to speak to the police on the phone. In such a situation the victim can take advantage of the Silent Solution. The Silent Solution is a police system, designed in part to help people who are unable to speak. Under the system, if making a sound would put the caller in danger and the BT operator cannot decide whether an emergency service is needed, the call will be transferred to the Silent Solution system. The caller will be asked to press ‘55’ on their phone, which will alert the police that an emergency is taking place, and that you cannot talk. Note that this system is only available for calls made to the police from a mobile phone.

Legal Protection: Urgent Injunctions and Orders

Sometimes, of course, it will be necessary for a victim of domestic abuse to seek help in the form of protection of the law. There are various ways that the law can provide protection for victims, including in particular:

• Non-Molestation Orders: These are orders prohibiting one party from molesting, threatening, or otherwise harassing the other party, or a relevant child. They may, for example, state that the perpetrator of the abuse must not use or threaten violence against the victim, that they must not intimidate, harass or pester the victim, that they must not contact or attempt to contact the victim, or that they must not damage, attempt to damage or threaten to damage any property owned by or in the possession of the victim. In an emergency a non-molestation order may be applied for without giving notice to the abuser. A breach of a non-molestation order is a criminal offence that can lead to arrest and punishment, including a fine or imprisonment for up to five years.
• Occupation Orders: These are orders regulating the occupation of the parties’ home, for example by requiring one party to vacate or not to return to the matrimonial home (or, in the case of an unmarried couple, the home in which they both lived). An occupation order may include provisions for such things as who should maintain the home, who should pay the mortgage/rent/other outgoings, and who can keep and use the furniture. An occupation order will usually have a power of arrest attached to it, in which case a police officer may arrest the abuser for breach of the order, and have them taken before the court to be punished.
• Domestic Violence Protection Orders (DVPOs) and Domestic Violence Protection Notices (DVPNs): DVPOs are a civil order that fills a “gap” in providing protection to victims by enabling the police and magistrates’ courts to put in place protective measures in the immediate aftermath of a domestic violence incident, where there is insufficient evidence to charge a perpetrator and provide protection to a victim via bail conditions. A DVPN is an emergency non-molestation and eviction notice which can be issued by the police, when attending a domestic abuse incident, to a perpetrator.

Accessing Support: Shelters and Legal Aid

Support is available to victims of domestic abuse, in many different forms, including:

• National Domestic Abuse Helpline: If you are a female victim of domestic abuse a good place to start when seeking help is the National Domestic Abuse Helpline, on 0808 2000 247. The Helpline is open 24 hours a day, and is free to call. The staff will offer confidential, non-judgemental information and support. Male abuse victims can call the Respect Men’s Advice Line on 0808 8010 327, which is available Monday to Friday from 10am to 8pm.
• Refuges: A refuge is a safe house for women and children escaping domestic abuse. You do not need to have experienced physical violence to go into a refuge and you do not need to have children. There will be expert, female staff at the refuge who can provide a range of emotional and practical help for victims of domestic abuse. You can access a refuge place by phoning the women’s domestic abuse charity Refuge, on the National Domestic Abuse Helpline. Unfortunately, refuge places are in short supply. If there is no place available, Refuge will be able to refer you to other types of services, talk through alternative housing options, and provide support and information on keeping safe.
• Legal Aid: As mentioned above, a victim of domestic abuse can apply to a court for non-molestation and occupation orders. Legal aid is available to cover the cost of such applications if the victim cannot afford to pay, as long as the victim can provide evidence of the abuse. The evidence can come from one or more of various specified sources, such as: the court, where a previous domestic abuse order has been made; the police, where they have had dealings with the abuser such as arresting or cautioning them for a domestic violence offence; or a doctor, where they have examined you and found that you have suffered injuries consistent with being a victim of domestic violence.
• Remote Hearings and Compassionate Court Processes: If a victim of abuse seeks the protection of the court, then this may mean that their abuser will have to attend court. Obviously, facing an abuser in court can be a very distressing prospect, but there are things that can be done to reduce the stress. The victim can, for example, request that they attend the hearing via a remote video link. Or they could request the court to have special measures put in place to ensure their safety and comfort, such as separate waiting areas and a screen in court so that their abuser cannot see them. And if the alleged abuser does not have a lawyer, then the court can appoint one for them (if available), so that the abuser does not question the victim in court.

Conclusion: You Are Not Alone

In conclusion, victims of domestic abuse should bear in mind three key protective steps: creating a safety plan, understanding their legal options, and seeking help from dedicated support services.

Victims of domestic abuse are not alone. Help is available, and they have a right to be safe. If you are the victim of domestic abuse then it is essential that you seek expert legal advice and support, at the earliest opportunity. For further information about domestic abuse and how we can help you if you are experiencing it, see this page.