Domestic abuse is a persistent and widespread problem that can have lifelong ramifications for victims. The fallout can be devastating and lead to a loss of confidence, low self-esteem, trauma, fear of intimate relationships, depression and anxiety. Abused women are 15 times more likely to have alcohol abuse issues and nine times more likely to develop substance abuse issues[1]. Self-harm, chronic health problems, isolation and a loss of independence are just the tip of the iceberg.
For abuse victims, their families and loved ones, it’s important to know that legal protection does exist.
What additional legal protections are available to survivors of domestic abuse?
One of the most frequently deployed legal measures to safeguard survivors of domestic abuse is a Non-Molestation Order (NMO). An NMO is issued by the family court. A type of injunction, an NMO prevents an abuser from causing further harm. It provides protection against all types of abuse, including physical, mental, sexual, financial and coercive control.
An NMO isn’t an indefinite injunction. It will usually be valid for a period of six months to one year. Other forms of protection are available to survivors alongside the NMO and when it lapses. One such example is an Occupation Order. This governs who has the legal right to live in a family home – and specifies when the other party can access that property.
An Occupation Order is a powerful legal tool for protecting victims of domestic abuse and domestic violence. It sets out who is legally permitted to remain in the shared home following an instance of domestic violence, it helps to ensure that victims don’t have to remain under the same roof as their abuser or live in fear that they may remain at any time.
A Domestic Violence Protection Order is a temporary measure (often in place for around one month) which can provide immediate protection after an instance of domestic abuse. It prevents the abuser from having contact with their victim and can also prohibit them from returning to the family home.
Restraining orders are another form of protection, but are issued in a criminal court rather than the family court.
How can restraining orders complement non-molestation orders for enhanced safety?
A restraining order is similar to an NMO, in that it seeks to prevent an abuser from carrying out certain actions which would be harmful to their victim. That could mean preventing them from calling, texting, visiting or connecting on social media with a victim of domestic abuse. It can also be used to stop harassment, stalking behaviour or any other behaviour likely to cause harm to the victim.
Because an NMO is issued by a family court and a restraining order is issued by the Crown Court or Magistrate’s Court, it provides an additional layer of protection. Most importantly a restraining order can be issued without a guilty verdict. Even if the abuser isn’t convicted in criminal court, a restraining order can still be issued to give legal protection to the victim.
A restraining order may also last for longer than an NMO, but both can be made on an indefinite basis.
What community and governmental support services are available for domestic abuse survivors?
There are a wide range of support services for victims of domestic abuse. Numerous domestic abuse helplines provide free, confidential support and advice 24 hours a day. Women’s Aid maintains a nationwide directory of support services for domestic abuse victims. Your Local Authority website should also have a section linking to local and national support services.
Victim Support provides an online and app-based service to help domestic abuse survivors move forward. It’s free to use, including resources and guides and can connect you with services locally.
Organisations like Refuge also work nationwide to help victims of domestic abuse and domestic violence. Refuge is entirely confidential, is the largest domestic abuse organisation in the UK and supports women and children. In addition to advocacy and support services, it also provides safe accommodation for victims.
How do safety planning and risk assessment play a role in protecting abuse survivors?
Risk assessment helps relevant organisations and authorities to assess the level of risk a person faces and outline a plan to reduce that risk. The safety plan is an important tool for any domestic abuse victim, as it outlines how they can reduce the risk they (and any children) face in the relationship and upon leaving that relationship. It could entail packing a bag with copies of essential documents for example, planning safe escape routes and identifying a safe room within the home. This resource by the US-based Hubbard House provides more information and a list of actions to take.
What are the latest advancements in legal and social interventions for domestic abuse protection?
One of the most important breakthroughs in protecting domestic abuse victims in recent years has been the introduction of the Domestic Violence Disclosure Scheme (DVDS). Commonly known as Claire’s Law, it was rolled out in 2014 in England and Wales and gives anyone the right to know if their partner has a history of domestic abuse. It allows intimate partners, or their friends and family members, to request a disclosure from police if their current or former partner has a history of violent behaviour or domestic abuse. You can read more about Claire’s Law and how to use it to check your partner’s history in our blog here.
[1] Source: https://www.bracknell-forest.gov.uk/crime-and-emergencies/crime-and-community-safety/domestic-abuse/effects-domestic-abuse
