What Is Domestic Abuse?

In this article, our family lawyers explain the legal definition of domestic violence and how you can protect yourself from it.

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What is domestic abuse?

Domestic abuse can be referred to as domestic violence, partner abuse or family-based violence. Whatever label is given to domestic abuse, it involves any incident or series of incidents of controlling, coercive, threatening, abusive or violent behaviour.

Domestic abuse includes:

1. Physical violence.
2. Sexual abuse.
3. Emotional or physiological abuse.
4. Economic abuse.
5. Coercive and controlling behaviour.
6. Harassment
7. Online and digital abuse.
8. Stalking.

Victims of domestic abuse

A victim of domestic abuse can be anyone in an intimate or family relationship. Most victims of domestic abuse are women. However, men experience domestic abuse from female or same sex partners.

Children can also sadly experience abuse either directly through being hit or experiencing emotional abuse through witnessing a parent experience domestic abuse.

In many families, the domestic abuse is not always apparent to extended family, professionals or outsiders. However, that does not mean that it is not occurring.

A victim of domestic abuse does not need their abuser to have been arrested or convicted of an offence to qualify as a victim or to receive help from family lawyers or other professionals.

Types of domestic abuse

Some people do not understand the scope of domestic abuse in its various forms. Here are some examples of the range of domestic abuse:

1. Physical abuse ranging from extreme violence to a punch, shove or push.
2. Sexual abuse includes all forms of unwanted sexual contact and is not limited to rape.
3. Psychological, mental or emotional abuse can range from mental mind games, gaslighting and derogatory remarks. For example, telling someone they are a nutter, ugly or stupid.
4. Harassment ranging from stalking type behaviour outside someone’s home to online harassment on social media accounts.
5. Financial abuse can take many forms, such as restricting a spouse’s access to money and to their bank account.
6. Coercive control covers anything from not allowing a spouse to leave the family home unaccompanied to controlling what a spouse wears or eats.

Response to domestic abuse

The response of many victims of domestic abuse can be confusing, as they may:

1. Accept the behaviour, as often a spouse will be told that the domestic abuse is their fault, and so they learn to accept the behaviour as part of the relationship. For example, victims are told that the abusive behaviour is normal, and they are not.
2. Normalise the behaviour, thinking that an assault is just a slap.
3. Deny the behaviour by thinking that the domestic abuse is all in their mind, after having been repeatedly told that they are the ones with the mental illness.
4. Respond to the behaviour with abuse by starting to become abusive to their spouse or others, as domestic abuse has become the ‘’norm’’ within the household.
5. Justify the behaviour to the children or others. For example, saying that the domestic abuse only happens because of a spouse’s stressful job or family pressures.

A family law solicitor can advise and help you leave an abusive relationship and explain the sort of help that organisations and charities offer to help you understand how you were groomed into thinking that the abuse was an acceptable part of your relationship.

The impact of domestic abuse

Most experts agree that being subjected to or witnessing domestic abuse can lead to:

1. Low self-esteem.
2. Low mood.
3. Isolation from friends and family.
4. Indecisiveness.

A spouse may only decide to leave a partner when they see the impact that adult domestic abuse is having on their children. Even if the children do not see the abuse, the atmosphere and tension in the family home can be very damaging to their welfare.

Injunction court orders

An injunction order is one means of protecting yourself or your children from domestic abuse.

An injunction is a court order stopping a named person from taking a step or ordering a step to be taken, such as:

• Stopping an assault or harassment by an ex-partner. This is called a non-molestation order.
• Ordering one spouse to leave a family home or stay away until the court decides what should happen long-term with the family home. This is called an occupation or ouster order.
• Removing a child from one parent’s care if there is a fear of child abduction.
• Preventing one spouse from taking money and assets until the court decides how property and assets are split in the financial settlement. This is called a Section 37 injunction or freezing order.

If you are concerned about your children, the court can also make an urgent child arrangements order. This child order determines with whom your child should live and whether your child should have contact with the other parent. In an emergency, the court can make temporary urgent orders.

Frequently Asked Questions on Injunctions

How do you get an injunction order?

To obtain an injunction, an application is made to the family court supported by a statement. The evidence you need for the injunction depends on what you are trying to stop or prevent. The court may make an injunction order without your spouse being present if the judge considers the situation urgent. The court will list a hearing where your spouse or partner can attend and oppose your application or object to the injunction continuing if the court has made a temporary order in their absence.

What are the grounds for an injunction order?

The grounds depend on the injunction order that is requested from the court.

If you are worried about your safety or the physical or emotional safety of your child, Evolve Family Law can assess your options, including the option of applying for an injunction order.

Is an injunction order permanent?

Typically, injunctions are temporary court orders designed to help a family until they, or, if necessary, the court, can make long-term decisions about the custody and contact arrangements for a child, or about the sale or transfer of the family home. However, an injunction can be an essential protective measure needed before long-term decisions are made.

Legal help with domestic abuse

If you are in an abusive relationship and need help from an injunction solicitor, we can advise you on your options and help you secure an injunction order.

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