Domestic Violence & Abuse

How Banner Jones can help you

Domestic violence and abuse can take many forms, such as emotional, psychological, sexual, or financial abuse, and does not necessarily have to involve any physical assault. Domestic abuse is often thought of as a marital issue, but in truth it can affect anyone, of any gender, age, or cohabitation status. The  Domestic Abuse Act 2021  introduced a statutory definition of domestic abuse.  Behaviour amounts to domestic abuse where both people are aged over 16 and are personally connected to each other, and the behaviour is abusive if it consists of either physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, financial abuse or psychological, emotional lor other abuse.  Where the Act states that people must be ‘personally connected’, this included people who are or have been married, engaged to be married, or entered into a civil partnership with one another, people who have been in an intimate personal relationship with each other or parents of the same child.  It also includes relatives of one another which includes almost all family relationships (e.g. parents, grandparents, children, siblings, aunts, uncles, step parents and step children).  If you have experienced negative behaviour from anyone within your family network, and are concerned that this behaviour may amount to domestic abuse, you should consider reaching out to a support organisation or one of Family Law experts to seek advice and support.   

Domestic abuse can affect people of any gender, sex, race or religion.  Regardless of your status or background, there are organisations and people who are able to offer support and advice.

For a victim of any form of domestic abuse, it is easy to feel trapped by your circumstances, with nowhere to turn to in order to get help. The most important thing to remember is that this is not the case. There is a large support network available for victims and survivors of abuse and violence, and our own expert legal team are on-hand to support you in both securing legal protection, and in putting you in contact with the best support organisations to ensure you get all the help you need.

Survivors of domestic violence and abuse have several legal options available to them, and our team are here to assist in any way we can in order to make sure you get the help you need.

Domestic violence and abuse cases can be eligible for ‘Legal Aid’ depending on your financial circumstances. This is a Government scheme which provides funding for legal fees in certain areas. There are different levels of Legal Aid available depending on the circumstances of your case and we can advise on what level of Legal Aid is appropriate to your situation and whether you may be eligible for funding from the Legal Aid Agency to cover legal costs.  We have briefly outlined the various legal options which may be available to you below:

Reporting abusive behaviour to the Police

You may wish to report abusive behaviour to the Police who can advise as to whether any criminal charges can be brought against the perpetrator.  You can contact the Police in a non-emergency situation by telephone 101 and can also report non-emergency crimes online: Contact the police - GOV.UK (www.gov.uk).  In an emergency situation or if you or someone else is in immediate danger you can call 999 for urgent assistance.

Following an arrest, the Police may find it appropriate to impose bail conditions preventing the perpetrator from making contact with the complainant or going to a certain area, for example, the complainant’s home.

There may be still be other legal options available to you if the abusive behaviour does not amount to a criminal offence, as set out below.

Warning Letter

This is a letter from a solicitor, to the abuser, outlining the grievance and telling them to discontinue their behaviour. This is a formal warning to the abuser, and their final chance to stop the abuse before things are escalated to the courts.  In some cases, a warning letter can be enough to stop the abusive behaviour.  However, it is not appropriate to send a warning letter in all cases, particularly where this may increase the risk of harm.  Our legal advisors will discuss your case with you to agree on the best course of action.

Applications to the Court

If a Warning Letter does not stop the behaviour, then there are two types of order available through the Family Courts that can protect a person against abusive behaviour.  In some circumstances, these orders can be obtained without giving the perpetrator notice of the application.  However, in other cases the perpetrator will need to be informed when the application is submitted to the Court.  Our legal advisors will always discuss and agree the best course of action with you before submitting any applications to the Court:

• Non-Molestation Order

A Non-Molestation Order expressly forbids the abuser from using or threatening violence towards another person, or from harassing, pestering or intimidating another person, and/or encouraging other people to act on their behalf in this manner. The order can also be obtained for the children. It can prevent the abuser from making contact by phone or other digital means as well as by social media or any other platforms.

A Non-Molestation Order is usually granted for between 6-12 months depending on the circumstances of the situation, but in some cases the order can last for longer, or there may be the option to extend the order when it is due to expire if appropriate.

It is a criminal offence if a Non-Molestation Order is breached for which the perpetrator can be arrested by the Police and prosecuted.

• Occupation Order

An Occupation Order states who can live in the family home, which can secure your occupation in the home. It can also force the abuser to leave the home they share with the complainant as well as require them to contribute to the household financially, such as paying towards the mortgage/rent and any bills. The terms of the order varies depends on the circumstances of the case and what is required.

A Power of Arrest can be attached to an Occupation order, which gives the Police power to arrest the abuser for breaching the order.

An Occupation Order is usually granted for between 6-12 months depending on the circumstances of the situation, and in some cases the Occupation Order may be extended following a further application to the Court.

We at Banner Jones will be with you throughout the whole process. With domestic violence and abuse often occurring within a family, our Family Team are also able to assist with any ‘next steps’ moving forward, and will be able to guide you through all your options in relation to the breakdown of the relationship.

Domestic Violence Support

If you are concerned about someone you know, it is important to be on the lookout for the signs of domestic violence and abuse. Domestic abuse does not necessarily have to be physical, and the emotional damage it can cause can be much harder to notice.

An abuser will often use controlling behaviour to try to isolate the other relationships they have with friends and family, in order to make them more reliant on the abuser. They may discourage them from attending social events, or accuse them of cheating or spending time with people they shouldn’t.  The abuser may make the other person believe that the abuser’s behaviour is somehow their fault or that they should apologise, making the complainant question their sanity, memories or perception of reality, known as gaslighting.  The abuser may be overly affectionate or purchase extravagant gifts in an attempt to manipulate and control the complainant, known as ‘love bombing.’   Controlling behaviour may also include the abuser trying to tell the complainant how to act and what to wear, or how to spend their money. Threats are often used to try and get the complainant to do what the abuser wants, as well as insults and negative comments to lower the complainant’s self-esteem in order to take advantage of them.

Common signs of the effect of this sort of behaviour are a change in personality. This may be if someone starts speaking more negatively about themselves and their appearance, or seeming very reluctant to speak to friends & family they had previously been close with. If you are worried about someone you know, try and engage them in a conversation and keep a look out for the following signs:

• They feel guilty talking to you in the first place, or mention their partner or relative isn’t happy about them speaking to you
• They seem overly critical of themselves
• They mention their partner or relative going through their personal conversations, like text messages or e-mails on their phone
• They seem very stressed, nervous, or worried
• They give their partner or relative unusually large gifts, or talk about passing them an asset such as a property or financial interest.

You may think that some of these behaviours sound commonplace, or that they happen in every typical family relationship.  For example, a partner who goes above and beyond and purchases extravagant gifts on special occasions may not be doing so in an attempt to manipulate or control their partner, this may be a genuine act of love.  If you are concerned about someone you know, you may wish to try speaking to them directly or speaking to one of the support services listed below confidentially to establish whether the behaviour is something to be concerned about.

If a person has been involved in previous abusive relationships, or has been in a long term abusive relationship, they may consider behaviours which are in fact abusive to be ‘normal’ or ‘acceptable’.  It is important to seek help and advice if you are concerned for yourself or another person.  There are lots of support organisations that offer free confidential advice if you are unsure whether or not to be concerned about your own situation or about someone you know.

Domestic Abuse Support and Advice

Our  Family Law team work closely with local organisations and charities. If you would like to seek any further support, we recommend contacting any of the following, who will be more than happy to help:

Sheffield DACT - https://sheffielddact.org.uk/ 0808 808 2241

The Elm Foundation - https://www.theelmfoundation.org.uk 08000 198 668

Rotherham Rise  https://rotherhamrise.org.uk   0330 2020571

Juno (Nottingham) https://junowomensaid.org.uk  0808 800 0340

Women’s Aid - https://www.womensaid.org.uk/

ManKind Initiative – https://mankind.org.uk   0808 800 1170

The Men’s Advice Line - https://mensadviceline.org.uk/ 0808 8010327

Refuge - https://www.refuge.org.uk/ 0808 2000 247

MIND - https://www.mind.org.uk/ 0300 123 3393

Shelter - https://www.shelter.org.uk/ 0808 800 4444

Bright Sky (free mobile app) –

Android: https://play.google.com/store/apps/details?id=com.newtonmobile.hestia&pli=1

iOS: https://apps.apple.com/gb/app/bright-sky/id1105880511

Common Domestic Violence & Abuse Questions