October is Domestic Abuse Awareness Month, an opportunity to raise awareness of domestic abuse, challenge common misconceptions and remind those affected that support is available.
Domestic abuse is often associated with physical violence, but abuse can take many forms and is frequently hidden from view. Many victims experience controlling, coercive, emotional or financial abuse long before any physical violence occurs.
What Is Domestic Abuse?
The Domestic Abuse Act 2021 defines domestic abuse as abusive behaviour between people who are personally connected. The abuse may involve:
- Physical violence
- Sexual abuse
- Controlling or coercive behaviour
- Emotional or psychological abuse
- Economic or financial abuse
- Threatening or intimidating behaviour
Domestic abuse can occur between spouses, partners, former partners, family members and those who share parental responsibility for a child.
Importantly, children are recognised as victims of domestic abuse in their own right if they see, hear or experience the effects of the abuse.
Recognising the Signs
Abuse is not always obvious. It can develop gradually and may become normalised within a relationship.
Warning signs may include:
- Feeling afraid of your partner or former partner
- Being isolated from friends or family
- Constant monitoring of your whereabouts or communications
- Having limited access to money or financial information
- Being criticised, belittled or humiliated
- Being threatened or intimidated
- Feeling as though you are “walking on eggshells”
- Having your phone, social media or online activity checked without consent
If something does not feel right, it is important to trust your instincts and seek advice.
Legal Protection Available
There are a number of legal remedies available to protect victims of domestic abuse.
Non-Molestation Orders
A Non-Molestation Order can prohibit an individual from:
- Using or threatening violence
- Contacting you directly or indirectly
- Harassing, intimidating or pestering you
- Coming within a specified distance of your home or workplace
Breach of a Non-Molestation Order is a criminal offence and can result in arrest.
Occupation Orders
An Occupation Order regulates who can live in, enter or occupy the family home. In appropriate cases, the court can require an abusive person to leave the property, even where they have a legal interest in it.
Domestic Abuse and Children
The Family Court takes allegations of domestic abuse seriously when making decisions about children.
The court’s primary concern is the welfare and safety of the child. Where domestic abuse is established, the court may consider this when deciding arrangements for a child to spend time with a parent.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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