Domestic Violence And Abuse: Your Rights Explained

Last week, our firm obtained non-molestation and occupation orders through the English court to protect a British woman living overseas who had been subjected to physical and mental abuse by her husband.

Sadly, the current restrictions telling people to stay indoors are likely to exacerbate issues of domestic violence, as more people at risk from abuse are forced to stay indoors with their abusers.

An estimated 1.6 million women and 786,000 men experience domestic abuse in England and Wales in 2019 according to the office of national statistics. Domestic violence or abuse will also take place within British expatriate families living overseas.

What is Domestic Violence?

Domestic violence covers more than just physical violence and threats. It might also include sexual violence, emotional or other psychological abuse, harassment or controlling behaviour (including financial and indirect controlling behaviour). Some types of violence are physical and may include:

Assault Rape Damaging property Some types of abuse are not physical, such as:

Threats Criticism Harassment Controlling behaviour, such as: isolating someone from sources of support reducing their independence trying to control their behaviour exploiting them Coercive behaviour, such as trying to harm, punish or frighten someone by use of: Violence Threats Humiliation Intimidation How to Protect Yourself

Some forms of domestic violence are criminal offences and should be reported to the police. The police can issue a domestic violence protection notice or domestic violence protection order.

There are also remedies through the Courts, for example to obtain a non-molestation order or occupation order. These orders can be made to last for several months or longer. If the person subject to the non-molestation order breaches it, this is a criminal offence punishable with up to five years imprisonment. Most London courts remain open and urgent matters such as these will be dealt with by a judge through a remote hearing via telephone or video link. The application can be made very urgently, even on the same day as the abuse took place.

Who can apply?

You can seek a non-molestation or occupation order against an 'associated person'. An associated person may not be a husband or wife. It could be a partner, relative, friend or someone who lives in your house.

What if I Live Overseas?

If you are a British expatriate living overseas, you may still be able to obtain non-molestation and occupation...

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