InsightsInsight - Family and Divorce - POSTED: July 29 2019
How to seek protection from domestic abuse
Unfortunately, domestic violence and abuse is more common than you may think, and for those suffering finding a way out can be a difficult choice.
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Domestic abuse can include physical, emotional and sexual abuse in couples in a relationship or between family members. It can happen against women or men, and anyone can be an abuser.
One avenue published to those suffering can be a non-molestation order. This is an important tool in the Court’s armoury which is used to protect parties who have suffered or are continuing to suffer from domestic abuse at the hands of current and former partners or family members. Such abuse can include using or threatening violence to either an individual or their child as well as intimidation, pestering, persistent abusive communications and harassment.
The types of abuse that individuals can be protected from though is not currently set out in legislation and has only been established through cases going to court. Earlier this year the government published a draft Domestic Abuse Bill which is aimed at introducing new legislation to introduce a statutory definition of domestic abuse to specifically include economic abuse and controlling and manipulative non-physical abuse. It is anticipated that this will encourage more individuals to have the confidence to come forward and seek the protection they are entitled to.
While the Bill proposes a new regime that will arguably simplify the multiple existing orders that can be sought in both the criminal and family arenas, the Bill has not yet been introduced into legislation. Given the current political landscape, the new regime may not come into force for some time.
Individuals should not be discouraged from seeking a non-molestation order using the current process where they need protection from any form of abuse, including economic abuse and controlling and manipulative non-physical abuse. A non-molestation order can be obtained quickly and our experienced team here at Brachers can guide individuals through the process. Please contact us on 01622 690691 to book an appointment.
This content is correct at time of publication
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