What legal remedies can help address domestic violence?

There is no single criminal offence of ‘domestic violence’ that an abuser can be charged with. Instead they can be charged with a variety of criminal charges depending on their actions and the resulting injury or death. A solicitor can outline which charges could be relevant based on the violence that has been directed at you.

For example, an abuser can be charged with sexual assault, rape, murder, assault occasioning grievous or actual bodily harm etc. The Protection from Harassment Act 1997 makes it an offence to put people in fear of violence and this can be used in domestic violence cases by allowing the court to impose a restraining order. If a restraining order is breached, the offender can be sentenced to five years imprisonment. This Act also allows victims to receive damages for anxiety and financial loss suffered because of the offender. A solicitor can help you make an application for damages to the court.

Many cases of domestic violence go unreported because the victim fears they will be subject to further or worse violence if they attempt to stop the abuse. The police now have powers to arrest an abuser in a domestic dwelling even if the victim has not called for help. At this stage it is advisable to obtain the help of a lawyer that can support you throughout the court process. The Police and Criminal Evidence Act 1984 (PACE) grants police officers the right to enter any premises to save a life or make an arrest. In addition, PACE gives officer the power to arrest a person to prevent them from injuring another, or for the protection of children.

Civil law remedies for domestic violence are found in the form of injunctions or court orders. The court has a number of orders at its disposal to protect victims of domestic violence. For example, the court can issue an occupation order which excludes the abuser from the property. The court can also issue a non-molestation order. This prohibits the abuser from molesting the victim and/or their children, and can prevent the abuser from entering a certain area or committing certain behaviour. A solicitor can advise which order is appropriate and which order the court is likely to impose.

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