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.