Domestic violence is a serious crime that affects millions of people across the UK each year. While the criminal justice system plays a vital role in addressing domestic abuse, the civil law framework provides equally important protections for victims. Civil remedies offer immediate and practical support, often before any criminal proceedings take place, and can be a vital lifeline for those experiencing abuse. This blog explores the civil side of domestic violence laws in the UK, focusing on the legal mechanisms available to safeguard victims.

What is Domestic Violence?

Domestic violence, also referred to as domestic abuse, includes physical, emotional, psychological, financial, and sexual abuse between partners or family members. While often associated with physical violence, domestic abuse can also manifest through controlling, coercive, or threatening behaviour.

Types of Domestic Abuse:

• Physical violence: Punching, hitting, slapping, or causing any form of physical harm.
• Emotional abuse: Manipulating or degrading the victim’s self-worth through constant insults, humiliation, or isolation.
• Coercive control: A pattern of behaviour that aims to control a person’s actions, restrict their freedom, and undermine their autonomy.
• Financial abuse: Denying a partner access to money, taking control of finances, or preventing them from having financial independence.
• Sexual abuse: Forcing someone to participate in unwanted sexual activities or violating their sexual autonomy.

Understanding this broad definition is crucial, as it means civil law protections apply to various forms of abuse, not just physical violence.

Key Civil Protections Against Domestic Violence

Victims of domestic abuse have access to several civil legal solutions under UK law. These are primarily designed to provide protection and security, often without requiring criminal prosecution. The most significant civil protections include:

1. Non-Molestation Orders

A Non-Molestation Order is one of the most commonly desired civil orders in domestic abuse cases. It aims to prevent the abuser from harassing, threatening, or using violence against the victim or their children. This order can prohibit a wide range of behaviours, including:

• Contacting or communicating with the victim.
• Visiting the victim’s home or workplace.
• Using abusive or threatening language or behaviour.

The order is designed to offer immediate protection and can be applied for on an emergency basis, often without the abuser being aware until it is. Breaching a Non-Molestation Order is a criminal offence, punishable by up to five years in prison.

2. Occupation Orders

An Occupation Order regulates who can live in the family home, offering victims a safe space away from their abuser. This type of order can:

• Remove the abuser from the home.
• Exclude the abuser from returning or coming near the home.
• Allow the victim to remain in the home, even if they do not legally own or rent the property.

Occupation Orders provide victims with the security of knowing that they will not be forced to live with their abuser or risk having them turn up at the property. These orders can last for a specified period or until a further court order is made. In more extreme cases, the court may also provide “power of arrest,” meaning the abuser can be arrested if they breach the order.

3. Prohibited Steps Orders (Child-related Protection)

In situations where the victim is concerned that the abuser may attempt to remove their child from their care or relocate them without consent, a Prohibited Steps Order can be obtained. This type of order ensures that the abuser cannot make any major decisions about the child’s life—such as moving them to a different location or school—without the victim’s consent or a court’s approval.

4. Restraining Orders (Civil)

While Restraining Orders are often associated with criminal proceedings, they can also be applied in a civil context. A civil restraining order may be issued if the court believes it is necessary to protect the victim from further abuse, even if the abuser has not been convicted of a crime.

Restraining Orders can include similar conditions to Non-Molestation Orders, such as preventing the abuser from contacting or approaching the victim. Like Non-Molestation Orders, breaching a Restraining Order is a criminal offence and can result in arrest and imprisonment.

5. The Domestic Violence Disclosure Scheme (Clare’s Law)

While not a direct civil remedy, the Domestic Violence Disclosure Scheme (often referred to as Clare’s Law) allows individuals to request information from the police about whether their partner has a history of domestic abuse. This scheme is a preventative measure, empowering people to make informed decisions about their relationships and act if necessary. If the police find a risk, they may disclose relevant information to the person at risk or a third party.

Who Can Apply for These Orders?

Victims of domestic violence can apply for these orders, but in some cases, third parties such as friends or family members can also apply on their behalf. Legal aid may be available to help cover the costs of applying for these protections, especially if the victim is at risk of harm. To obtain an order, the victim typically needs to show that they are at risk of harm and that the order is necessary for their protection.

The Role of Family Courts

Family courts play a central role in issuing civil protection orders. Victims can apply to the court for orders, and judges will assess the evidence and urgency of the situation. Family courts are designed to provide a sensitive and supportive environment for victims of domestic abuse, ensuring that their safety and well-being are prioritised throughout the legal process.

Domestic violence is a deeply complex and sensitive issue, but the UK’s legal framework offers vital protections for victims. Laws such as the Domestic Abuse Act 2021 and Clare’s Law provide greater support, but there is always more work to be done.

By raising awareness of domestic violence laws and the resources available, we can continue to support victims and ensure justice is served for those affected by abuse.

For guidance on this or any other related matters, please do not hesitate to contact our experienced Family Law Solicitor Lynette A’Court (Lacourt@astonbond.co.uk) or call reception on 01753 486 777.

On October 10, 2024, the UK government introduced the much-anticipated Employment Rights Bill, marking one of the most significant overhauls in decades. The bill includes 28 major reforms aimed at improving worker protections and increasing productivity across the economy. The first reading of the Bill has yet to go through a consultation, and then will need to be passed by the House of Lords before coming into effect. This means that there may well be changes to the proposals, which currently are:

“Day-one” rights:

• Workers will be protected from unfair dismissal from the first day of employment, removing the current two-year qualifying period.
• Immediate access to unpaid parental, paternity, and bereavement leave, without the need to have worked for the employer for a year.

BUT – Nine-month probation period:

• A statutory nine-month probation period will allow employers more time to assess new hires, during which it will be easier to dismiss employees without the full dismissal process.

Zero-hours contracts:

• Workers on zero-hours contracts will have the right to a guaranteed-hours contract if they consistently work regular hours over a 12-week period.
• Employees will be entitled to “reasonable” notice of any changes to their shifts and compensation if shifts are cancelled or cut short.
• Workers who prefer zero-hours contracts will still be able to choose them.

Flexible working:

• Flexible working will become the default option for all employees from their first day, unless an employer can provide a legitimate reason to refuse, such as the inability to reorganise work or a detrimental impact on customer demand.
• Written reasons will need to be provided by employers as to why the request is not reasonable, in the event a request is turned down.

Statutory sick pay (SSP):

• The three-day waiting period for statutory sick pay will be removed, ensuring employees receive SSP from the first day of illness.
• The lower earnings limit (£123 per week) for qualifying for sick pay will also be scrapped, meaning more low-paid workers will be eligible.

Fire and rehire:

• The bill will ban most fire-and-rehire practices, which force employees to accept worse terms or face dismissal. However, it could still be used if a company is at risk of insolvency.

What’s not included:

• The “right to switch off” from work communications outside of hours.  The government have mooted this and the promise is that this will be dealt with at a later date.
• Plans to create a “single status of worker” for better protection of self-employed people working for a single employer.   This one is not surprising as a great deal of thought will need to go into it.  We shall have to wait and see on this one.

This legislation aims to create a more secure and fair working environment, though it has received mixed reactions, particularly from small business representatives concerned about the impact of these changes​.

The period of consultation will be crucial and anyone wanting a say should lobby the small business federation, trade unions and the like to work on getting their views heard sooner rather than later.

For any questions or queries on this or any other employment-law related matter, please contact our Head of Employment, Ilinca Mardarescu on 01753 486 777.

As we mark World Mental Health Day 2024, it’s essential to focus on one of the most crucial areas impacting our mental well-being—the workplace. With the lines between work and personal life often blurred, maintaining good mental health at work has never been more critical.

This year’s theme, prioritising mental health in the workplace, emphasises that mental well-being is not just a personal concern but a fundamental right for everyone, everywhere, including in the workplace. With increasing awareness, more companies are realising that fostering a healthy work environment benefit not only employees but the organisation.

Why Mental Health in the Workplace Matters:

When mental health is prioritised, employees take fewer sick days and stay longer with their companies, lowering turnover rates.  This is because, employees who feel supported in managing stress and mental health challenges tend to be more engaged and productive, since a healthy work environment encourages creativity and problem-solving, as individuals feel safe to express ideas without the weight of anxiety or stress.

What Employers Can Do:

• Employers can normalise conversations around mental health and encourage employees to seek help when needed, without fear of stigma.
• Offering remote work, flexible hours, or mental health days can help employees balance work and life stress.
• Ensure employees have access to counselling, wellness programs, and support systems.

At Aston Bond, mental health is a top priority, reflected in initiatives like our open-door policy, which encourages open communication and support for all employees. We also foster team bonding and work-life balance through events like a recent trip to Paris, providing a fun break from the daily routine. Additionally, our participation in the Macmillan Coffee Morning not only supports a great cause but also strengthens team connections and promotes a supportive, caring workplace culture.

World Habitat Day is celebrated annually on the first Monday of October. This day was established by the United Nations in 1985 to raise awareness about the importance of adequate housing and sustainable urban development. The day highlights the shared responsibility of governments, communities, and individuals to improve urban living conditions and make cities more inclusive and safer. The first World Habitat Day was held in 1986, and it has since been marked by global events and the awarding of the UN’s Habitat Scroll of Honour, which recognises efforts to enhance urban environments.

The theme for World Habitat Day 2024 is “Engaging Youth to Create a Better Urban Future”. This year focuses on empowering young people to actively participate in urban planning and sustainability efforts. The aim is to harness the energy and creativity of youth to address the challenges of rapid urbanisation and shape cities that are inclusive, and environmentally sustainable.

Here, at Aston Bond, we offer an extensive Work Experience programme that offers aspiring professionals’ firsthand exposure to our fast-paced industry. We also welcome apprentices for digital marketing and interns, giving them the opportunity to develop skills while working alongside experienced professionals. Our tailored programmes ensure that participants gain valuable insights and hands-on experience, setting a strong foundation for their future careers.

Upsize Your Lifestyle: A Journey to Transformative Living is an upcoming event hosted by Castle View, designed for individuals considering downsizing their homes. It aims to provide emotional and practical support for making this life transition smoother. The event will take place on 10th October 2024 at 3 pm in Castle View’s Rooftop Sky Lounge.

Key highlights of the event include:

1. Navigating the Decision to Move: Residents will share personal stories on how they managed downsizing.
2. Understanding the Downsizing Process: Learn how to relocate quickly and turn your valuables into funds.
3. Comprehensive Support: Experts, including Private Client Solicitor Lara Thomas, will cover important legal topics such as inheritance tax, Wills, and Lasting Powers of Attorney.

Attendees will have the opportunity to connect with others on a similar journey while enjoying tea and cake in a relaxed setting.

The event is free but requires registration via the link below:

Downsizing Your Property – Upsizing Your Lifestyle!

Workplace discrimination is an important issue that all UK employers and employees should understand. The main piece of legislation that governs this area is the Equality Act 2010, which aims to protect individuals from unfair treatment based on certain characteristics.

What is Discrimination?

Discrimination occurs when an individual is treated less favourably due to one of the protected characteristics outlined in the Equality Act. These are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

There are four main types of discrimination in the workplace:

1. Direct Discrimination – Treating someone less favourably due to a protected characteristic.
2. Indirect Discrimination – Policies or practices that appear neutral but disadvantage certain groups.
3. Harassment – Unwanted behaviour that violates someone’s dignity or creates an intimidating environment.
4. Victimisation – Treating someone unfairly for raising a discrimination complaint.

How to Address Discrimination

Employees have the right to file complaints if they believe they’ve experienced discrimination. This can be done through internal grievance procedures or, if necessary, by taking the issue to an employment tribunal. Employers are encouraged to create inclusive work environments and ensure that their policies comply with the Equality Act to prevent potential claims.

Understanding workplace discrimination laws is crucial for maintaining fair and respectful working environments in the UK. Both employers and employees should be aware of their rights and responsibilities under the Equality Act 2010 to foster equality and prevent unlawful discrimination.

Here at Aston Bond, we have dealt with, and successfully resolved, many discrimination claims. Get in touch with our experienced Employment Solicitor Ilinca Mardarescu (imardarescu@astonbond.co.uk) for advice or to book an appointment.

Are you contemplating a change in your living situation, but feeling overwhelmed by the prospect of downsizing your home? The idea of leaving a space filled with memories can be daunting, but it can also be the start of an exciting new chapter in your life. Castle View is hosting a special event designed to guide you through this transition with ease and enthusiasm.

Our Private Client Solicitor, Lara Thomas will be joining the event to deliver an insightful talk on the inheritance tax advantages of downsizing your home. She will also delve into essential legal topics such as Wills and Lasting Powers of Attorney.

Join Us for a Refreshing and Informative Experience

Castle View’s upcoming event, “Upsizing Your Lifestyle,” is tailored to provide you with a comprehensive overview of the emotional and practical support available as you consider downsizing your home. Here’s what you can look forward to:

Event Details:

• Date & Time: 10^th October 2024 at 3pm
• Location: Castle View’s Rooftop Sky Lounge

What’s on the Agenda?

1. Navigating the Decision to Move Home

Leaving a home filled with memories is no small feat. During the event, hear firsthand from current Castle View residents about their journey and how they managed this significant transition. Castle View’s homeowners will share their personal stories, shedding light on the emotional process and the professional support received that can make it smoother.

2. Understanding the Downsizing Process

Ever wondered how quickly you could relocate? Discover how some residents have moved in as little as 8 weeks. The event will allow you to explore the fascinating world of evaluating and auctioning your valuables, providing insights into how you can turn your possessions into funds for your new lifestyle.

3. Comprehensive Support

Downsizing involves more than just packing up boxes. It requires careful consideration of various aspects such as financial planning, legal matters, and estate management. There will be experts attending who will be on hand to provide legal guidance.

The key legal considerations will include:

• Property sales
• Wills
• Inheritance Tax
• Lasting Powers of Attorney

Connect and Enjoy

This event isn’t just about learning—it’s also a chance to connect with others who share your interest in enhancing their lifestyle. Enjoy complimentary tea and delicious cakes while engaging in informal conversations with fellow attendees and Castle View residents. Castle View’s rooftop Sky Lounge provides the perfect backdrop for a relaxed and inspiring experience.

Why Attend?

• Gain Valuable Insights: Whether you’re just starting to think about downsizing or are already in the process, the event offers practical advice and emotional support.
• Meet Like-Minded Individuals: Share experiences and build connections with others on a similar journey.
• Explore Castle View: Discover what makes living at Castle View so special through the eyes of those who have embraced this new lifestyle.

Mark your calendars and attend for an enlightening afternoon at Castle View. It’s an opportunity to relax, learn, and take the first step towards a lifestyle transformation that could enhance your life in ways you’ve always imagined.

Castle View looks forward to welcoming you to their Sky Lounge for an informative and supportive experience. Here’s to taking the next steps towards an exciting new chapter in your life!

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This is a free event, but you will need to register via the form – please click the link below. We can’t wait to see you there!

Events Calendar – Castle View Windsor

If house searches aren’t completed during the Conveyancing process, it can lead to significant legal and financial risks for the buyer. House searches, which are essential due diligence steps, provide important information about the property that might not be clear from a viewing or legal documents. If these searches are overlooked, the buyer might face serious complications after purchasing the property.

1.Undiscovered Property Issues

Without searches, the buyer may be unaware of important issues that affect the property, such as:

• Local Authority Issues – planning restrictions, enforcement notices, or building regulations violations could exist.
• Flood Risks – without an environmental search, flood risks or contamination issues might be unknown.
• Future Developments – the buyer could miss future development plans, such as roads or railways, that could affect the value of the property.
• Public Rights of Way – there could be public access or rights of way that limit privacy or use of the land.

2.Legal Disputes

• Ownership Issues – Land Registry searches ensure the seller legally owns the property and has the right to sell it. Without this search, the buyer risks purchasing a property with an unclear or disputed title.
• Boundary Disputes – without a local land charges search, boundary disputes may arise after the purchase, leading to potential legal conflicts with neighbours.

3.Financial Risks

• Hidden Costs – if searches aren’t completed, the buyers might inherit liabilities like unpaid taxes, ground rent, or service charges.
• Mortgage Approval Delays or Rejections – lenders often require full searches before approving a mortgage. If searches are incomplete, the buyer’s mortgage could be delayed or rejected.
• Property Devaluation – unexpected problems discovered after purchase could significantly reduce the property’s value.

4.Liability for Future Repairs

• Infrastructure Issues – drainage and water searches help identify if the property is connected to public systems or relies on private arrangements. Not knowing this could result in future repair liabilities or expensive work.

5.Complications with Resale

• A future buyer may require searches, and undiscovered problems could make it difficult to sell the property or lead to price reductions.

Not completing house searches can expose the buyer to risks that might otherwise be identified and addressed before purchase. Buyers could end up with significant liabilities or risks that could’ve been avoided.

Buying your first home, is an exciting journey but also one that involves a range of legal steps. Understanding the legal process can help ensure a smooth and successful purchase. Here’s a brief guide to help first-time homebuyers navigate the legal landscape.

1. Understanding the Role of a Conveyancer or Solicitor

The first step in the homebuying process is hiring a conveyancer or solicitor. They will manage all the legal aspects of buying your home, including:

• Conducting Searches: They will perform local authority searches to check for any planning applications, road schemes, or land contamination that may affect the property.
• Drafting Contracts: They prepare, and review contracts based on the agreement made at the time of the offer, to ensure everything is in order before you commit to the purchase.
• Handling Finances: They ensure that all finances are in order and carry out anti-money laundering checks. They also manage the exchange of funds, including your deposit, balance of mortgage drawdown and the balance of chattels and Indemnities required on the completion day.

2. Making an Offer and Initial Checks

Once you find a property you want to buy, you will need to make a formal offer through the Estate Agent. Following your offer being accepted, you will appoint a solicitor or conveyancer and they will carry out the initial checks to confirm the details within the Draft Contract Pack, the Title Deeds and other aspects which may impact the property you wish to purchase.

3. Mortgage and Valuation

If you need a mortgage to buy your home, obtaining a formal Mortgage Offer is crucial. This happens following an Offer in Principle and once the Underwriters have carried out their checks and the formal Offer will be sent to your solicitor or conveyancer through their online portal with the Lender. Your mortgage lender will require a valuation to ensure the property is worth the amount you are borrowing in today’s market. This valuation is different from a survey and is carried out by the Lender. The survey is a more detailed inspection of the property’s condition and is carried out through an independent surveyor and there are different levels of survey you can obtain. You should speak with your Lender in the first instance to see whether they are able to appoint a survey at the same time as their valuation and save you paying for two people to attend the property.

4. Property Surveys

It is recommended to get a property survey to assess the property’s condition and review any potential problems that might not be noticeable to a non-surveyor. There are different types of surveys available, such as a Homebuyer Report (Level 2) or a more comprehensive Building Survey (Level 3) and choosing the right one for the property is imperative.

5. Exchanging Contracts

Once all checks are complete and both your solicitor/ conveyancer and your Lender are satisfied, you will exchange contracts with the seller. This step is legally required, meaning both you and the seller are obligated to complete the sale on the agreed Completion date. You will also need to pay your deposit, usually 10% of the property price.

6. Completion and Moving In

Completion typically takes place a week after the exchange of contracts. On the completion day, the remaining balance of the property price is transferred to the seller’s solicitor, and you will receive the keys to your new home. Your solicitor will also handle the registration of the property with the Land Registry and payment of any Stamp Duty Land Tax, if applicable. In addition, any Indemnity Policies will be placed “on risk” and paid for at this stage.

7. Post-Completion Tasks

After you have moved in, there are a few final tasks to complete:

• Registering the Property: Your solicitor will register your ownership with the Land Registry.
• Paying Stamp Duty: If your property costs more than £250,000 (as of 2024), you may need to pay Stamp Duty. However, first-time buyers may qualify for a reduced rate.
• Setting Up Utilities and Council Tax: Ensure all utilities are transferred into your name and register for council tax with your Local Authority.

Buying your first home involves several legal steps, but with the right guidance and professional help, it can be a smooth process. Contact our experienced Conveyancing Solicitor Kulbir Conner (kconner@astonbond.co.uk) or Paralegal Nicola Darby (ndarby@astonbond.co.uk) to help you understand each stage of the journey and assist you in making an informed decision. Good luck with your home buying adventure and taking the first step onto the property ladder!