Domestic abuse is often a hidden crime. However, after being ordered to stay at home owing to Covid-19, the number of domestic abuse incidents has increased alarmingly and become in its own right, a pandemic.
For many people, they have been trapped at home with their abuser, so the usual escape routes have been harder to access and the support from friends and loved ones has been shut off.
Refuge, a domestic abuse charity, recorded that an average of 13,162 calls and messages were made to the National Domestic Abuse helpline every month between April 2020 and February 2021. That is an increase of more than 60% on the average number of monthly calls at the start of 2020.
Respect, another domestic abuse charity that runs an advice line for male victims of domestic abuse, says it saw a 70% increase in calls, emails and webchats in 2020 compared to 2019 and appeals for help have continued to rise.
The most recent figures from the Office for National Statistics show that in the period from March to June 2020 there was a 7% rise in domestic abuse offences recorded by the police in England and Wales.
There are number of remedies available under family law which provide protection from domestic abuse.
Currently, there is no statutory definition of domestic abuse. However, the Family Procedure Rules state that domestic abuse includes:
‘Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to the following types of abuse:
- Psychological
- Physical
- Sexual
- Financial
- Emotional’
On 29 April 2021, the Domestic Abuse Bill became law. It will provide further protections to those who experience domestic abuse and strengthen measures to tackle perpetrators.
Relief from domestic abuse can be sought through the Family Court by way of a Non-Molestation Order or an Occupation Order.
A Non-Molestation Order aims to prevent a partner, former partner or family member from harming you or your children.
An order can be made without notice to the respondent in emergency cases where you are likely to suffer significant harm if the order is not made immediately and or you are fearful of the repercussions if the respondent were to have notice of the application.
It can prohibit the respondent from contacting the victim via text, phone, social media and through third parties as well as preventing the use of or threats of violence. It can also incorporate an exclusion zone from your home or certain property. The wording of the order will be tailored to suit the circumstances and nature of the abuse.
It is a criminal offence for the respondent to breach a Non-Molestation Order and the courts have a range of sentencing options available to them. The maximum sentence is 5 years imprisonment and a fine.
An Occupation Order regulates who lives in the family home and who can enter the family home and its surrounding areas. It can be used to remove someone from the property or it can be used to gain the right to return to the property.
The court will consider a number of factors including, the housing needs, conduct and finances of the parties. The court will also apply the balance of harm test, which means the court must consider the likelihood of significant harm to either party and any relevant child if an order is made e.g. homelessness, balanced against the likelihood of significant harm if an order is not made.
A power of arrest can be attached to an Occupation Order for additional protection. This is usually in circumstances where the Respondent has used or threatened violence. If a power of arrest is not attached to an Occupation Order, it is possible to apply for committal for contempt of court or alternatively apply for a warrant of arrest.
As lockdown eases, family lawyers hope that the prevalence of domestic abuse will start to reduce and that the new legislation will mean that victims will no longer have to suffer in silence.
