Domestic abuse or violence is an incredibly sensitive issue which requires a carefully thought-out approach that takes stock of all the potential outcomes and consequences. Additional protections can be secured if there are potentially vulnerable children involved too. We are able to assist you with providing support in all of these situations.

Speak to our family law solicitors in Kent today

Should you wish to seek advice in respect of any domestic abuse issues, or family law generally, feel free to contact one of our family law solicitors in Kent at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.

What options are available to you under the Civil law.

If you have been a victim of domestic abuse and wish to be protected in the future whilst secure within your own home, a number of remedies are open to you. They exist under the Family Law Act 1996 and more recently since April 2024,  ‘Domestic Abuse Protection Orders’ can also be made within relevant County Court proceedings.

The remedies include :

• Non-molestation Orders.
• Occupation Orders.
• An injunction (under the Protection from Harassment Act 1997).

Non-Molestation Orders

Courts will impose these to prohibit molestation of you or any relevant child. The orders can be secured in instances where there is evidence of harassment, threats of violence or actual violence or abuse. The court will look at each case on its individual merits, as there is no precise definition of which behaviours constitute molestation. Securing photographic evidence of any material injuries or damage caused will improve the prospects of an application succeeding.

If the applicant is a ‘relevant child’, the application can be made on their behalf by a parent, or a person having parental responsibility for them (although a child aged 16 or 17 can apply in their own right, if they choose).

The Orders can be made within existing family proceedings, or separately if no proceedings exist. The Order will be made if the court considers it to be to the material benefit of any of the parties, by reference to their health, safety and well-being.

This includes there being an ability to apply to the court “without notice” of the hearing being given to the other party, providing it is deemed ‘just and convenient’ but may also be made upon giving 2 clear days notice of the intended application to the abuser.

Where the order is secured without notice, it must be served upon the party affording them an opportunity to challenge its imposition at a further hearing.

The Court will decide upon the duration of the order, whether for a fixed term or until any further court order has been made. The order will however cease to have effect, if any associated family proceedings are voluntarily withdrawn or dismissed. As a rule of thumb any initial order will typically be granted for a 6 to 12 month period.

Each order is unique in that it will be customised to the applicant’s circumstances. It may include prohibiting future communications to you, or encouraging others to do so on their behalf. It may also prevent a person from coming within a certain distance of your home, place of work or any associated child’s school.

Enforcement of non-molestation orders

If a Civil Order is breached, matters escalate. It is treated as a criminal offence, punishable by way of a fine, or imprisonment or even both. It will however be for the Crown Prosecution Service to decide whether to pursue the criminal proceedings

Occupation Orders

Such orders determine who may reside in the family home, whilst evicting or banning the abuser from the home, or subsequently approaching in a defined distance of it. Typically, the orders are relatively short term and may be in place for a 6 to 12 month period. They have a potential advantage in that a power of arrest may be attached to the order in certain circumstances, giving it some teeth. The Order does not however impact on what is to happen to the property itself.

As is the case in NMO’s an Occupation Order will be made once the court have regard to the individual facts detailed in a sworn Witness Statement required when supporting the application. In the same vein they do not provide an absolute guarantee of safety – but set out parameters for the opposing party, who will be made aware of the repercussions should the Order be breached.

A power of arrest may be added to the order in cases where violence has been evident to the party or any relevant child. In the event of a subsequent breach the police may arrest without the need for a warrant. Conversely if no power of arrest was secured at the outset, the applicant must apply supported by a sworn Witness Statement to the County Court for a Warrant to be issued for the offender’s arrest.

Children

Occupation Orders can be granted under the Family Act 1996 to protect a child in the same way as an adult. This may allow for the child to remain in a secure home environment, whilst the excluded person will be ordered to leave.

Injunctions under the Protection from Harassment Act 1997

These powers can be exercised in both a civil and criminal environment, enabling an applicant to prohibit harassment. Harassment is defined as behaviour intended to cause a person alarm or distress and occurring on more than one occasion. It does not have to be the same type of behaviour each time.  Commonly it can include: texts, voicemails, letters, emails, comments or direct or indirect threats.

Unusually the court is additionally empowered to grant an injunction under the act even where no harassment has actually taken place, but upon being satisfied that the threat of harassment is highly likely.

Anyone breaching the civil injunction without reasonable excuse has committed a criminal offence and may be liable to committal to prison for their effective contempt of court. A custodial sentence of up to 5 years can be imposed and/or  such individual made the subject of an unlimited fine.

Although an injunction provides solid reassurance to the applicant if granted, it cannot provide an absolute guarantee of protection. Injunctions often tend to be limited to a time frame of just weeks or months and more rarely years and thus may not provide a long-term solution.

The costs of an injunction can be fairly prohibitive, unless Legal Aid is available to the applicant. The ability to recover financial damages from the abuser, is however possible. These are both ‘general damages’ for the anxiety etc., caused and ‘special damages’ in relation to any direct financial losses arising from the harassment itself.

Domestic abuse protection orders

As mentioned since April 2024 if a party is involved in ‘possession proceedings’ the County Court can award a Domestic Abuse Protection Order (“DAPO”). Providing both parties are named parties within the proceedings and there is evidence of domestic abuse, the Court may impose conditions on the abuser.

Those conditions are fairly wide ranging and again will be dictated by the facts on a case-by-case basis. They could include prohibiting the abuser from future abuse, harassment or threats and/or preventing that person from entering or approaching the house.

In the event this civil remedy is breached, it becomes a criminal offence from an enforcement perspective.

Contact us today

If you are a victim of domestic abuse issues, or have family law queries generally, please do   contact our offices  in  Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our 'Get in Touch' enquiry form on the right hand side of the page to request a call back. One of our experienced, specialist family law solicitors will be happy to assist.