What is domestic abuse?
Domestic violence is the abuse that one person inflicts upon another within an intimate relationship. In many cases, one partner will habitually abuse the other to gain control within the relationship. While domestic abuse is generally associated with physical assault, it can also be psychological, sexual, emotional or even financial. For that reason, many victims fail to come forward or even recognise that their partner’s behaviour is abusive and controlling. Domestic violence is rarely a one-off incident, and with time can increase in severity and frequency. This is why it’s essential to seek help at the earliest possible stage.
Why does domestic abuse happen?
If you are a victim of domestic abuse, it’s vital for you to understand that you are not at fault. Abusive partners can often lead their victims into believing that they are directly responsible for the abuse they are receiving, resulting in habitual violent acts taking place and going unreported. Domestic violence can happen for a number of reasons, but generally stems from one partner’s desire for control or power over the other. This could be intensified through drugs, alcohol, stress or poor mental health, but these factors are never the sole cause and should not be used to justify their behaviour.
In many cases, abusers become violent or controlling due to feelings of jealousy, low self esteem or fear of abandonment. Rather than attempting to work through these problems, they resort to abusive behaviour. In certain cases of domestic violence between heterosexual couples, the male may feel inadequate or inferior when the female achieves success in her career and lash out to claim superiority. Whatever the reason, domestic violence is not excusable and should be reported to the police as early as possible.
How can the police help prevent domestic abuse?
If you are suffering from domestic abuse of any form, the police will be able to provide emergency protection from harm. In cases of physical assault, the perpetrator will be arrested immediately. When you report an incident of domestic violence, it will be investigated by specially trained police offers in Community Safety Units. Their duty is to protect victims of domestic abuse from their attackers and prevent it from happening again.
The police can serve a Domestic Violence Protection Notice on an abusive partner if they present a risk of violent behaviour. This notice lasts for 48 hours and requires the perpetrator to leave the premises and not contact the victim during this time.
Do domestic abuse cases go to court UK?
Not all domestic abuse cases will proceed to court, particularly in situations where the abuser has pleaded guilty to the charges. However, in situations where they have pleaded not guilty to the charges, a trial will be held in either the magistrates or crown court.
Is there a statute of limitations on domestic violence UK?
Yes, there is a statute of limitations on domestic violence in the UK.
A victim of domestic abuse has 6 months from formally reporting an offence of domestic abuse to the police to initiate prosecutions and two years from the date of offence to prosecute the abuser.
How long do you get in jail for domestic violence UK?
When an offender is sentenced for domestic abuse, there are a number of factors taken into consideration by the court, including the type of domestic abuse offence, aggravating and mitigating factors, culpability factors, and the level of harm.
For example, a domestic abuse harassment and stalking (involving fear of violence) offence considered category 1 harm and category A culpability would have a starting point of 5 years’ custody and a category range of between 3 years, 6 months’ to 8 years’ custody.
You can find out more about sentencing guidelines for domestic abuse here.
What is coercive control, gaslighting and emotional abuse in law?
In the law, coercive control, gaslighting and emotional abuse is an offence of domestic abuse and is considered an act or continuous pattern of assaults, threats, humiliation and intimidation. This type of abuse is intended to harm, punish or scare the victim in an attempt to control them, along with manipulating them into self-doubt and confusion.
How can a domestic abuse lawyer help?
After you have taken action to report the incident to the police, the next step is to seek specialist legal advice for domestic abuse from a qualified domestic violence solicitor. When you instruct Crisp and Co to help protect you from your partner’s abusive behaviour, our priority will be to prevent the perpetrator from being in proximity to you and your children. No matter what the circumstances are surrounding the incident, our solicitors take each domestic violence report seriously and will take the necessary steps to protect you from harm, be it physical or psychological.
If you are suffering from any form of abuse in the home, your domestic violence solicitor should be able to help you get an injunction against your partner. There are three kinds of Court Orders our domestic abuse solicitors can apply for on your behalf:
Non Molestation Order
A Non Molestation Order prevents your partner from pestering, harassing threatening or attacking you or your children. While civil courts will require less proof than a criminal court, it’s still useful to provide any evidence of the abuse. In cases of domestic violence, for example, this could be photographic evidence of damage to your property or injuries you have sustained. Providing proof of psychological abuse may be more difficult, but your dedicated solicitor will work with you to ensure that the Non Molestation Order is put in place in order to prevent any future abuse.
It is also possible for you to apply for an emergency Non Molestation Order without notice. Emergency orders will last 28 days, after which the abuser will have an opportunity to defend themselves and you will have the opportunity to set up a lasting order.
Occupation Order
An Occupation Order defines who can and cannot live in a property. By applying for an Occupation Order against your partner, they will be legally prevented from entering your property. These orders can be tailored to your individual needs, and the court will decide which approach to take in order to protect you and your children from further abuse.
Prohibited Steps Order
Our domestic abuse solicitors can help you set up a Prohibited Steps Order if you are concerned about the safety of your children. This order stops your partner from taking your children out of your care, allowing you to rest assured that their welfare is safely protected.
How much does a domestic abuse lawyer cost?
Due to the nature of domestic violence, our aim is to ensure your situation is dealt with as quickly as possible and an order is set up with no delay, ensuring you have received expert domestic violence legal advice throughout. As a result, the costs will be kept to a minimum. In most cases in which the court can clearly see your allegations are true, a clause stating that the abuser must pay your legal fees will be included in the Order. The principle involved here is that you would not have had to pay legal fees had your partner not acted abusively towards you.
Our solicitors can provide further advice, support and representation if you wish to divorce your partner following an incident(s) of domestic violence. While this will likely add to costs, it is often the necessary step for you to take if your husband or wife becomes abusive.
If you are concerned about the costs of legal fees, it may be a good idea to check your eligibility for Legal Aid. Our domestic abuse solicitors will help you make an application to the Legal Aid Agency in order to cover or contribute towards the costs of your case.
The Help You Need, from Experienced, Respected Domestic Abuse Solicitors
We offer a convenient local domestic abuse service for clients across London - take a look at the list of areas we cover.
For the domestic abuse legal advice you need, please give us a call on 0330 013 0381
