Chattertons Solicitors Banner Image

Domestic violence - it can happen to anyone

Domestic violence, also called domestic abuse, includes physical, emotional and sexual abuse in relationships or between family members.  The issue of Domestic Violence has come to the fore in the press following the restrictions imposed as a result of the Coronavirus pandemic, and has highlighted the fact that it is something which can affect people of all ages, and people of all backgrounds, both women and men.  Victoria Derbyshire has talked movingly about the effect that it had on her family growing up.

There are many ways in which you can receive help and support including:

  • Obtaining a non-molestation injunction or occupation order under the Family Law Act either independently or with the help of a lawyer;
  • Women can call the National Domestic Abuse helpline, which is run by the refuge, telephone: 0808 2000 247
  • Men can call Men's Advice line, telephone: 0808 801 0327
  • If you identify as LGBT you can call Galop, telephone: 0800 999 5428
  • You can call the police.
  • You can seek support from your GP.

Domestic abuse has a common factor of power and control over the victim.

If you believe either you or a friend is experiencing domestic violence, some signs include:

  • being withdrawn, or being isolated from family and friends
  • having bruises, burns or other physical  marks
  • having finances controlled, or not being given enough to buy food or pay bills
  • not being allowed to leave the house, or stopped from going to college or work
  • having your internet or social media use monitored, or someone else reading your texts, emails or letters
  • being repeatedly belittled, put down or told you are worthless
  • being pressured into sex
  • being told that abuse is your fault, or that you’re overreacting

If you are suffering from violence, threats or intimidation, it is possible to apply in the family courts for an injunction to help protect you. There are two types of injunction:

  • non-molestation order  to prohibit your partner or spouse from using or threatening violence against you or your children, or intimidating, harassing or pestering you. It can contain very specific provisions depending on the particular type of harassment happening to you.
  • In deciding whether to make an order, the court considers the health (mental and physical), safety and well-being of the applicant or any relevant child. It must be satisfied that there is evidence of molestation and that the applicant or children need protection from the court. Molestation involves any form of physical, sexual or psychological molestation or harassment that has a serious impact on the health and well-being of the applicant or any relevant child. Molestation is not only defined as violent behaviour, it may be other forms of behaviour.
  • Any non-molestation order the court makes will contain a list of things that the respondent is prohibited from doing. The order can last either for a specified period of time or indefinitely. Breach of a non-molestation order is a criminal offence and the police can arrest someone who is disobeying an order.
  • occupation order which will set out who can live in the family home (or certain parts of it) and can also restrict someone from entering the area surrounding a home. An occupation order does not affect each person’s financial interest in the home, simply who can live in it.
  • The court applies different tests depending on the relationship status of the people involved and whether the applicant has any legal right to occupy the home. For certain categories of applicant, the court will apply a 'balance of harm' test, in which it balances whether any person or child is likely to suffer significant harm if an order is or is not made. In other cases the court must exercise its discretion taking into account all the circumstances. The process is quite complex.

Subject to means testing public funding is available for assistance in representation for applications for non-molestation and occupation orders.

Contact us

If you need legal advice in relation to domestic violence come and talk to a specialist family lawyer at Chattertons.  Please contact your local office, or complete our online enquiry form.

Who will deal with my case?

We have a large team of experienced family law solicitors, any one of whom will be able to advise you. You will have a single point of contact, backed up by a team that will also be up to speed on your case.

Individuals within the family law team are members of Resolution - the family lawyers’ association. The combined experience and expertise makes our family law team a force to be reckoned with. We can deal with complex and challenging cases. Our family law solicitors also have great relationships with barristers’ chambers and with mediators, so if your case requires the involvement of other experts we can arrange that.

Is there any point in having a prenuptial agreement?

A prenuptial agreement may not be the most romantic of gestures, but it can be a valuable, practical tool for protecting assets in the event of divorce. These agreements set out the way in which a couple’s assets should be split if the marriage does not last. While they are not legally binding, it is quite common for their terms to be enforced - or to at least be influential when it comes to a court deciding who should get what.

We are divorcing. Do I have to go through mediation?

No, mediation is voluntary. However, we usually advise clients to give it a go. A mediator is an independent third party, often able to help a divorcing couple reach agreement on issues around money or children, for example. In cases of a successful mediation, the court will not have to get involved.

What reasons will i have to give in order to obtain a divorce?

There are only certain facts on which someone can rely in a divorce. The law in relation to this is changing, but currently these are:

  • Unreasonable behaviour;
  • Adultery;
  • Desertion;
  • Living apart for more than two years, and both parties agree to the divorce; or
  • Living apart for more than five years.

You also need to have been married for at least 12 months before being eligible to divorce.

What if my partner and I can’t agree where our children should live?

In every divorce or separation, the parties are encouraged to put the needs of their children above all else. That is the approach that the court will take if it is asked to step in and decide whether a separating couple’s children should live with their mother or their father, and how the arrangements for contact with the other parent should look.

It is not necessarily the case that a court would decide that the children should live with their mother. The decision should involve a thorough assessment of what would be in the children’s best interests. It is quite often difficult for parents to step back and view this from anything other than their own perspective. That’s entirely understandable. However, it is important to bear in mind that where the parties cannot agree, and if mediation proves unsuccessful, the decision will be placed in the hands of a judge or magistrate.

Will I get half of my spouse's pension?

Not necessarily. As with other assets of the marriage, a pension is something that could be shared. However, there are other ways of dealing with pensions, and each partner’s individual circumstances - not least his or her own financial position - would be assessed as part of the court’s decision (if the parties cannot agree between themselves).

I have been living with my partner, in her house, and we are now splitting up. We are not married. Will I be entitled to anything?

Cohabitees, do not enjoy the same rights as married couples. Although children will be protected largely as if their parents had been married, assets are not usually split on the same basis. In addition, if the family home is in the sole name of one partner, the other will need to prove that they are entitled to share - something that is most commonly demonstrated by evidence that they had been promised a share, or that they helped to fund the purchase price. It is the reason we advise all cohabiting couples to enter into a cohabitation agreement that sets out each party’s entitlement in the event that the relationship does not last.

We are grandparents and we are not able to see the grandchildren because their parents are separating. Is there anything we can do?

You may be able to apply to the court for an order entitling you to contact with your grandchild, although you would need to seek the permission of the court to do so. You should speak to a family law solicitor and discuss with them the best course of action.