Domestic Abuse: what are my options?

Do you know someone who may be suffering from abuse at home?

You are not alone.

The Istanbul Convention is an agreement between 39 countries around Europe to take action to prevent violence toward women and girls. It condemns all forms of domestic viol---ence and believes that there is a huge discrepancy between the rights and the reality of those rights of equality between women and men. Whilst men may also be victim-survivors of domestic abuse, it disproportionally affects women and children.[1]

In the UK, the new Domestic Abuse Bill (2020) seeks to improve the current challenges by raising awareness of just how widespread the problem is and how this can impact the victim-survivor-survivors and their families.[2] This also aims to protect the victim-survivor-survivors by offering additional support and to make it easier to bring the perpetrators to justice.

Domestic abuse can often be thought of as physical violence alone, when in truth there may be a manifest and methodical pattern of coercive and controlling behaviour alongside.[3] The National Domestic Abuse Helpline is an invaluable source of support and information if you are unsure.

The National Domestic Abuse Helpline can be reached on:

https://www.nationaldahelpline.org.uk/ or by phoning 0808 2000 247.

If you suspect an emergency and that life may be at risk because of domestic abuse, you must call the emergency services on 999 – you could be saving lives by doing this. If you are calling from a mobile phone and are unable to speak at all, there will be an automated message lasting approximately 20 seconds at which point you will be asked to press ‘55’ to be put through to the police, who will respond accordingly. It is vital to press ‘55’ if you are unable to speak so that they know it is not a hoax or accidental call. This system is not in place for landline phones as it is less likely that people will call 999 by accident on a landline.[4]

A Domestic Violence Protection Notice (DVPN) can be made with instant effect by a police constable in an emergency situation, with or without the permission of the victim-survivor-survivor,[5] and will remain in effect to protect the victim-survivor-survivor from the perpetrator for 48 hours.[6]

During this time, an application must be made by the police for a Domestic Violence Protective Order (DVPO) which will be heard at a magistrates’ court. A DVPO is granted on a balance of probabilities – that is to say that if it is more likely than not that the victim-survivor-survivor may be at risk from the perpetrator. Once the DVPO is in place it can prevent the perpetrator from returning to the home and having contact with the victim-survivor for up to 28 days.

This gives the victim-survivor some time and ‘breathing space’ to consider their options and retain help from a support agency or charity.  

If you decide to leave your partner in these circumstances, it is advisable to seek help as you you may be at risk. Refuge.org.uk say that leaving could be dangerous as women may be at risk of homicide when separating from or just after leaving a violent partner.[7]

A DVPO exists to keep the victim-survivor of domestic violence safe from further harm, and can take effect in one or more of five ways:

• The non-molestation of the survivor,
• By preventing the perpetrator from evicting the victim-survivor or excluding them from the home;
• By restricting the perpetrator from a specific premise;
• By requiring the perpetrator to leave the property;
• By preventing the perpetrator from coming within a specific set distance of the victim-survivor.[8]

It is, however, not as simple or even as fair as it may first appear.

A DVPN and subsequent DVPO can only be made if there has been physical violence or the threat of physical violence; therefore excluding emotional abuse, financial abuse, sexual abuse, and controlling and coercive behaviour.[9]  

It is recommended that the court application for the DVPO records all evidence of abuse including the above, but this may not be used to obtain the DVPO in itself.

However, the victim-survivor may also make an application to the Family Court for a non-molestation order, which seeks to protect the applicant and children from domestic abuse.[10] This difference here is crucial because although the law itself[11] does not give a consistent definition, one of the highest judges of the supreme court has said that a non-molestation order was justified in cases where it has been complained that the abuse “was calculated to cause alarm and distress.” [12]

The term Domestic Abuse covers incidents or repeated patterns of occurrences of controlling, coercive, or threatening behaviour.

This includes abuse or violence between people 16 years or older who are or have previously been partners or family members of any sexual orientation or gender. This incorporates psychological, physical, sexual, financial, or emotional abuse but is not limited to this. Domestic abuse also includes culturally specific forms of abuse including entities such as honour-based violence, dowry-related abuse, forced marriage, and international marriage abandonment.[13]

To Recap:

• If you suspect an emergency, always call 999. Wait for instructions and dial ‘55’ from your mobile phone if you are unable to speak at all.
• A police constable can issue a DVPN immediately, creating a safe barrier for 48 hours.
• During this time, a DVPO may be put in place for up to 28 days so there is time to consider the options at hand.
• This can only be done if there is actual physical violence or the threat of this.
• However, domestic abuse covers a multitude of actions, not just physical violence.
• If you would like help or advice, call the National Domestic Abuse Helpline on 0808 2000 247 or visit https://www.nationaldahelpline.org.uk/

[1] Council of Europe, The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence , November 2014

[2] Domestic Abuse Bill (2020)

[3] Vanessa Bettinson and Sarah Hilder, Domestic Violence: Interdisciplinary Perspectives on Protection, Prevention And Intervention (Palgrave Macmillan 2016).

[4] The Independent Office for Police Conduct, 'Silent Solution Guide' (Govuk). https://www.policeconduct.gov.uk/sites/default/files/Documents/research-learning/Silent_solution_guide.pdf

[5] Crime and Security Act 2010 s25

[6] Crime and Security Act 2010 s25

[7] 'Barriers to Leaving - Refuge Charity - Domestic Violence Help' (Refuge Charity - Domestic Violence Help, 2020) <https://www.refuge.org.uk/our-work/forms-of-violence-and-abuse/domestic-violence/barriers-to-leaving/> accessed 28 November 2020.

[8] Home Office (2013) Guidance Domestic violence and abuse https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/260897/horr76.pdf)

[9] 'Domestic Violence Protection Notices and Domestic Violence Protection Orders' (App.college.police.uk, 2020) <https://www.app.college.police.uk/app-content/major-investigation-and-public-protection/domestic-abuse/arrest-and-other-positive-approaches/domestic-violence-protection-notices-and-domestic-violence-protection-orders/#checklist-dvpo-application> accessed 27 November 2020.

[10] David Burrows, 'Non-Molestation: A Definition For 2018?' (Familylaw.co.uk, 2018) <https://www.familylaw.co.uk/news_and_comment/non-molestation-a-definition-for-2018> accessed 27 November 2020.

[11] Family Law Act 1996

[12] C v C [2001] EWCA Civ 1625

[13] David Burrows, 'Non-Molestation: A Definition For 2018?' (Familylaw.co.uk, 2018) <https://www.familylaw.co.uk/news_and_comment/non-molestation-a-definition-for-2018> accessed 28 November 2020