Domestic Abuse
Domestic abuse is now far more understood both by the public and the state than it ever has been. The passage of the ground-breaking Domestic Abuse Act 2021 marked a particularly significant turning point, making coercive and controlling behaviour a criminal offence and formally recognising children as victims of domestic abuse in their own right.
Domestic abuse can feature in various ways in the context of relationship breakdown. It may be that one individual is directly concerned for his or her safety, or those of any children, as a result of the behaviour of their ex. This may result in contact with and possibly subsequent action by the Police. Depending on the seriousness of the alleged abuse and the likelihood of the individual or children coming to harm, an application to the Court for immediate ‘injunctive’ orders may be considered. Such orders can prevent an individual from intimidating, pestering or harassing the other person, and in some instances will provide for an individual to move out of the property they share with their partner. In most cases, injunctive orders last for 12 months.
Sometimes domestic abuse arises in the context of a separated couple seeking to agree the arrangements for their children. As a result of the greater understanding of domestic abuse generally, there are several protocols and policies that the Courts and others working within the Family Justice System must adhere to, to ensure that if domestic abuse is raised, it is dealt with appropriately and most importantly the safety of individuals and any children is front and central. These are in addition to the general prohibition on cross-examination by an alleged abuser within all Family Court proceedings that was introduced by the Domestic Abuse Act 2021.
In other relationship breakdowns, we recognise that although any domestic abuse may not be the subject of direct Court action in the form of injunctive relief, or in any Court proceedings concerning children, it may still be a relevant issue in the context of trying to agree matters with your ex, most likely the financial arrangements. The experience of the Family Law Team at Chadwick Lawrence means that we are able to quickly identify where domestic abuse may be relevant and ensure that your case is dealt with in the most appropriate way.
For more information or advice please contact us.
