Practice Direction 12J defines domestic abuse as:
“domestic Abuse” includes any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to, psychological, physical, sexual, financial, or emotional abuse. Domestic abuse also includes culturally specific forms of abuse including, but not limited to, forced marriage, honour-based violence, dowry-related abuse and transnational marriage abandonment;
“coercive behaviour” means an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten the victim;
“controlling behaviour” means an act or pattern of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour;
PROTECTION FROM ABUSE
A victim of domestic abuse can get protection from their abuser through injunctions granted under the Family Law Act 1996.
Under Family Law Act 1996 a non-molestation order can be granted which prohibits a person ‘molesting’ another.
Threats of violence
A non-molestation order is intended to protect a person ‘associated’ with the respondent/abuser or a relevant child. This generally means they must have been in or are in a relationship with each other, have lived with each other or are related to each other.
An occupation order is an order under conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship.
The application for both orders are made on Form FL401, which must be supported by a detailed witness statement verified by a statement of truth. There are no court fees to submit the form.
The evidential statement is crucial in securing either order.
For support help and guidance, please get in touch today.
PUZZLE PIECE LAW CLIENT
‘Cheryl sorted out my non-molestation order. I cannot explain how knowledgeable, professional, and supportive she was throughout my court case. With her help I got my order and was able to extend it for an additional 6 months. I highly recommend Cheryl’. Mrs H
CRIMINAL INJURY COMPENSATION
As a victim of domestic abuse, you may be entitled to compensation. The Criminal Injury Compensation Scheme (CICA) is a government funded scheme designed to compensate blameless victims of crime. Provided you meet certain criteria, you could be entitled to claim compensation. The criteria includes (but not limited to):
The injury must have occurred in the last 2 years (there are some exceptions to this such as sexual assault).
The crime must have been reported to Police and their investigation was conducted with your support.
It must have taken place in England, Scotland or Wales.
The injury must have occurred through no fault of your own.
No amount of money can ever truly compensate you for the injury or loss you have suffered, but the scheme supports victims, by giving them a way of recovering compensation to help rebuild their lives. Victims of domestic abuse can apply for compensation for physical or mental injury. Emotional abuse can also be claimed for but can be a more challenging claim if not supported by the right evidence. Get in touch to find out if you are eligible to make a claim.