Most people who suffer domestic violence at the hands of their partner or spouse are reluctant to speak out to those that can help. This is perhaps due to fear of the perpetrator and/or to protect themselves and any children of the family.

Victims of domestic violence may not be aware of the support that can be offered to them or what they can do about their situation. Firstly, it is important to know that domestic violence does not always have to be physical. Domestic violence can take many forms, to include mental or emotional abuse and some times this form of domestic violence can be more damaging for the victim.

The Family Law Act 1996 specifically deals with orders that the Court can make in circumstances were the Applicant has suffered domestic violence from an ‘associated person’ – such persons include partners, ex-partners, spouses, ex-spouses and even family members.

The Act allows the Court to make injunctions requiring the perpetrator not to intimidate, harass, pester, threaten or cause violence to the victim (Non-molestation Orders) and/or a relevant child. The Court can also order that the perpetrator does not enter or attempt to enter or even go within a certain distance of a property that he otherwise would have access to, for example, the family home (Occupation Orders).

These orders can last up to 12 months. In some circumstances, the Court can make these orders without the perpetrator being notified first i.e. without notice applications. These applications are made when the domestic violence is extremely serious and the victim believes that he/she would be at risk if the perpetrator was informed of their intention to obtain an injunction against them. If such an order is granted by the Court, rather than lasting 12 months, the case will return to Court usually within 7-14 days so that the perpetrator can put forward his/her representations. The idea behind this is so that the victim is protected immediately from the without notice injunction but the perpetrator also has the opportunity to be heard at the next hearing.

It is important for any victim of domestic violence to first contact the Police. Civil injunctions are considered when the Police cannot or will not intervene and take steps to adequately protect the victim.

Where the Police have intervened and conditions have been placed upon the perpetrator not to intimidate or harass the victim, it is not advisable for the victim to seek an injunction from the family courts until such time that the bail conditions have ended. This is because the victim is already protected by the bail conditions set by the police and it is therefore unnecessary for the Court to impose a further order on the perpetrator.

Non-Molestation Order now automatically attach powers for the Police to arrest the person named in the order if the terms of the order are breached.

Breaches of injunctions are taken very seriously by the police and the Court. If a breach occurs, the police can prosecute the perpetrator through the criminal courts or alternatively, the victim can commit the perpetrator to prison through the civil Courts. Prison sentences of up to 5 years can be imposed.

Domestic violence can be a complex issue as victims are often too fearful and vulnerable to speak to professionals who can help. Our sympathetic family solicitors can offer advice for anyone who feels they are being subjected to any form of domestic violence.

In particular, our family solicitor, Pui Au-Yeung previously worked with a domestic violence support group in Northamptonshire providing victims with in-house advice on a weekly basis. Pui has extensive experience in securing injunctions for her clients on an emergency and urgent basis when necessary.

If you would like to speak to us about your options please contact our family team.