June 3, 2020

Domestic Abuse During Lockdown

This post was written by: admin

Unfortunately with many spouses, partners and children being in the same households for considerable periods of time tensions often run high and domestic abuse can occur.  

Spouses/Partners in Domestic Violence situations should ensure to maintain daily contact with family and friends via social media or telephone. They should also consider devising a code if they are unable to talk.  The code for example could be for a family member or friend to contact the local police or the spouse/partner’s solicitor. 

On the 26th March, 2020 THE HEALTH AND PROTECTION (CORONAVIRUS RESTRICTIONS) ENGLAND REGULATIONS 2020)  came into force.  These regulations specify situations which amount to a reasonable excuse to leave home.  The most relevant in so far as domestic violence is concerned are as follows:-

Regulation h)  To fulfil a  legal obligation, including attending Court or satisfying bail conditions or to participate in legal proceedings.

Regulation i)     To access critical public services, including services provided to victims

Regulation m)    To avoid injury or illness or to escape a risk of harm

HOW YOUR SOLICITOR CAN HELP YOU IN LOCKDOWN

If the circumstances you are living in are dire and you fear for your safety and the safety of the children as well as contacting the police you can contact a Solicitor, Lynette Ann A’Court of Aston Bond will be able to assist you to make an application to Court under PART IV OF THE FAMILY LAW ACT 1996  to apply for:

  1.  A Non –Molestation Order to prevent your spouse/partner  from using violence against your children or yourself.  There are also a number of other orders which can be obtained, including preventing your spouse/partner from threatening harassing or pestering you.
  2.  In extreme cases an Occupation Order can be made ordering your spouse/partner from the Family home.
  3. In the event that your spouse/partner breaches Orders made by the Court he can be committed to prison for contempt of Court.

The courts are still available to hear urgent applications in respect of non- molestation orders and occupation orders.

The Court staff, judiciary, barristers and solicitors are key worker and are there to assist members of the public.

Usually the hearings are dealt with remotely by telephone. Such cases are classified as High risk and are dealt with as a matter of urgency.

If you are suffering abuse please do not hesitate to contact our senior family solicitor lynette Ann A’Court on 07754662438 to discuss your concerns and she will then advise the best way to try to resolve the position for you and put you in a much better place.