Domestic Abuse Protection

On 28 April 2020 parliament will now hold the second reading for the Domestic Abuse Bill.

The measures in the Bill include vital terms such as the first ever statutory government definition of domestic abuse, launching a Domestic Abuse Commissioner to champion victims and survivors, introducing all new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to both protect victims further and restrict actions of offenders, prohibiting cross-examination of victims by their abusers in court and allowing automatic special measures in criminal courts to support victims who are giving evidence.

These new measures will completely excel the protection of victims and what we can do to make victims feel safer in time of need.

Many people do not have a clear understanding of what constitutes domestic abuse and how much this behaviour can vary. This abuse can be shown through control of finances in the marriage, through emotional control and manipulation as well as physical violence.

As a family trainee solicitor, it has been rather distressing to see that there are many victims who think there is no way out. There are already some emergency type protection orders you can apply for. However, once the Bill has been enacted, we will then have a wider reach of providing protection for victims. Many people who face these issues in their relationship believe that they cannot leave because of financial reasons. For example, a client of mine thought that because her husband owned the home, he cannot be ordered to leave it (which to her surprise was absolutely untrue). There are applications you can make to the court to kick out your abuser, whether you own the property or not, these are called non-molestation and occupation orders. So long as you have a right to occupy the property you most definitely can make an application to the court for temporary protection. Of course, once the new Bill has been enacted, there will be many other legal measures to protect you from domestic abuse.

If you would like more information please contact me either through DM or email at andrea@kleymansolicitors.com or telephone on 0203 887 8740.

** We are also hosting a webinar on these types of orders on 6 May 2020 at 3pm, drop me a line if you want to join!**