Domestic abuse is a serious issue affecting many individuals in the UK. If you’re experiencing domestic abuse, it’s crucial to understand the legal protections available to you. This guide outlines key steps and legal measures you can take to protect yourself.
On this page:
Recognise Abuse
The first step in protection is recognising abuse. Under UK law, domestic abuse includes:
- Physical violence
- Psychological abuse
- Sexual abuse
- Financial control
- Emotional manipulation
- Coercive control
Remember, abuse doesn’t have to be physical to be illegal and harmful.
Emergency Situations
If you’re in immediate danger, call 999. The police have the power to:
- Arrest the abuser
- Remove the abuser from the home
- Issue a Domestic Violence Protection Notice (DVPN)
Domestic Violence Protection Orders (DVPOs)
Following a Domestic Violence Protection Notice (DVPN), a court can issue a DVPO, which can:
- Ban the abuser from returning to your home
- Prevent the abuser from contacting you
- Last up to 28 days, giving you time to explore longer-term options
Non-Molestation Orders
You can apply to the family court for a non-molestation order, which:
- Prohibits the abuser from using violence, threats, or harassment against you
- Can last for 6-12 months and be renewed
- Makes it a criminal offence for the abuser to breach the order
Occupation Orders
An occupation order regulates who can live in the family home. It can:
- Exclude the abuser from the home
- Define which parts of the home each person can use
- Last for 6-12 months and potentially be extended
Restraining Orders
Criminal courts can issue restraining orders that:
- Prohibit the abuser from specific actions, like contacting you
- Can be issued even if the abuser is acquitted of a criminal charge
- Can last indefinitely
Clare’s Law
Under the Domestic Violence Disclosure Scheme (Clare’s Law), you can ask the police to check whether a partner has a history of abuse.
Legal Aid
If you’re experiencing domestic abuse, you may be eligible for legal aid to help with the costs of getting protection orders or other legal help.
Practical Steps
While pursuing legal options:
- Keep a record of all incidents of abuse
- Tell trusted friends or family about your situation
- Prepare an emergency bag with essential items
- Memorise important phone numbers
- Plan a safe place to go if you need to leave quickly
Support Services
Utilise support services such as:
- National Domestic Abuse Helpline (0808 2000 247)
- Women’s Aid
- Men’s Advice Line (for male victims)
- Local domestic abuse services
Children and Domestic Abuse
If children are involved:
- The law recognises children as victims if they witness domestic abuse
- Family courts can make Child Arrangement Orders to protect children
- Social Services may become involved to ensure children’s safety
Workplace Protection
Inform your employer about the situation. Many workplaces have policies to support employees experiencing domestic abuse.
Housing Options
If you need to leave your home:
- Local councils have a duty to house you if you’re homeless due to domestic abuse
- Housing associations and charities may offer temporary accommodation
Financial Protection
To protect your finances:
- Open a separate bank account
- Seek advice on benefits you may be entitled to
- Consider applying for an injunction to freeze joint assets
Remember, leaving an abusive situation can be dangerous. Always prioritise your safety and seek professional advice when planning your next steps. The law in the UK offers various protections, but it’s often most effective when combined with practical safety planning and support from professionals.
You’re not alone, and help is available. Reach out to domestic abuse support services for personalised advice and assistance in navigating these legal options.
If you would like further information or advice on how to protect yourself, contact Sarah Lightfoot-Webber, our Domestic Abuse specialist, on 01489 774821 or sarah.lightfoot-webber@ericrobinson.co.uk for a free, informal and confidential appointment.
