Domestic Abuse: A Guide for Our Clients

How Can Domestic Abuse Manifest Itself?

There’s no one-size-fits-all definition of “domestic violence” or “domestic abuse.” It can manifest in many ways—some obvious, some subtle.

Physical Abuse includes:

• Assault: Hitting, slapping, or punching.
• Rape: Forced sexual acts.
• Property Damage: Destruction of personal or household items.

Non-Physical Abuse can be equally damaging:

• Threats: To harm or control.
• Criticism: Constant belittling and emotional manipulation.
• Harassment: Persistent unwanted contact.
• Controlling Behaviour: Isolating the victim from friends or family, controlling their actions or decisions, or exploiting them.

Coercive Control involves using fear, violence, threats, or humiliation to dominate the victim. It’s a slow, insidious process that can make the victim feel trapped, powerless and unsure of how to escape.

The Hidden Nature of Abuse

Domestic abuse doesn’t always appear obvious. Many victims endure emotional, financial, or sexual abuse for years without realizing they are being mistreated. Abusers often manipulate their partners into feeling guilty or responsible for the abuse, which makes the situation even harder to identify and escape.

This form of abuse can happen between intimate partners or family members and typically involves ongoing emotional damage. It is important to remember that victims are not weak—they’re trapped in a situation that is designed to break their spirit over time.

What Can the Law Do?

If you are a victim of domestic violence, there are legal steps you can take. Some forms of abuse are criminal offences and should be reported to the police, who can issue Domestic Violence Protection Notices or apply for Domestic Violence Protection Orders.

You also have the right to seek protection through the courts. There are two key legal tools designed to shield victims of domestic abuse: Non-Molestation Orders and Occupation Orders.

Non-Molestation Orders

A Non-Molestation Order is a court order that prevents an abuser from:

• Using or threatening violence against the victim or their children.
• Molesting the victim in any way, which includes physical harm, verbal threats, or harassment.

This order can also stop the abuser from contacting the victim via social media, third parties, or phone. If there’s a genuine threat, the court can impose restrictions on where the abuser can go, such as staying away from the victim’s home or workplace.

To get a Non-Molestation Order, you must provide evidence of abuse, show a need for protection, and demonstrate that the order is necessary to control the abuser’s behaviour.

Breach of a Non-Molestation Order is a serious crime and can lead to up to five years in prison. If the police believe the order has been violated, they can arrest the perpetrator and bring them before a criminal court.

Occupation Orders

An Occupation Order is used to determine who will live in the family home. Its primary purpose is to exclude the abuser from the property, usually for a fixed period. These orders do not affect property ownership rights but instead give the applicant the right to occupy the home without the abuser.

While occupation orders are harder to obtain than Non-Molestation Orders, they can be vital when an abuser must be removed from the home. The court will only issue this order in exceptional cases, where removing the abuser is the only way to protect the victim.

Emergency Orders

In urgent cases, the court may issue an emergency order without informing the abuser, known as a “without notice” order. This gives immediate protection to the victim, with a follow-up hearing to allow both parties to present their side once the immediate danger has passed.

Who Can Apply for These Orders?

Only “Associated Persons” can apply for Non-Molestation and Occupation Orders. This includes:

• Spouses
• People living together as a couple
• Family members

The relationship doesn’t have to be intimate; it simply needs to involve a connection where abuse has occurred.

How We Can Help

If you’re facing domestic abuse or dealing with a relationship breakdown, Heald Law is here to support you. Our experienced family law team can guide you through the legal process. Whether you need advice on Non-Molestation Orders, Occupation Orders, or any other family law matters, we can provide the assistance you need.

Don’t face it alone.
Call us at 01908 662277 to speak to a solicitor who can help you take control of your situation and get the protection you deserve.

Domestic abuse is never your fault, and there are legal options available to help you escape it.