Family Law Cafe | How to protect yourself from domestic violence and abuse

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The latest figures from the Office for National Statistics (‘ONS’), show no decrease in the prevalence of domestic abuse in England and Wales, compared to the previous year.

The statistics are based on findings from the Crime Survey for England and Wales for the year ending March 2023, and police recorded crime.

The Crime Survey estimated that 4.4% of people aged 16 years and over (2.1 million) experienced domestic abuse in the year.

An estimated 1.4 million women and 751,000 men aged 16 years and over experienced domestic abuse in the year; a prevalence rate of approximately 5.7% of women and 3.2% of men.

The figures also give an indication of how many people experience domestic abuse in their adult life. The crime survey showed that an estimated 9.8 million people aged 16 years and over had experienced domestic abuse since the age of 16 years. This equates to a shocking prevalence rate of approximately one in five people aged 16 years and over.

The police recorded 1,453,867 domestic abuse-related incidents and crimes in England and Wales (excluding Devon and Cornwall) in the year ending March 2023; 889,918 of these were recorded as domestic abuse-related crimes. The number of domestic abuse-related crimes recorded by police remained similar compared with the previous year.

Most of the offences related to incidents of violence, but as we know domestic abuse also includes non-violent controlling and coercive behaviour.

There were 43,774 offences of coercive control recorded by the police in England and Wales (excluding Devon and Cornwall) in the year ending March 2023. This is compared with 41,039 in the year ending March 2022. The ONS say that the rise in coercive control offences over recent years may be attributed to improvements made by the police in recognising incidents of coercive control.

The statistics also give an indication of the age characteristics of victims of domestic abuse. The Crime Survey showed that a significantly higher proportion of people aged 16 to 19 years were victims of any domestic abuse (8.0%) compared with those aged 45 to 54 years (4.2%), and those aged 60 years and over (3.2% for 60 to 74 years). For those aged 75 years and over, the percentage of victims was significantly lower than all other age groups (1.4%).

Whilst factors such as age mean that the likelihood of being a victim of domestic abuse may differ, overall the statistics confirm what we already knew: that anyone can be a victim of domestic abuse.

If you are a victim it is essential that you seek expert legal advice, at the earliest possible stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

You can find the latest ONS statistical bulletin here.

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The term ‘domestic abuse’ is still understood by many to refer only to acts or threats of violence. Indeed, until relatively recently we referred to it as ‘domestic violence’, rather than ‘domestic abuse’.

But domestic abuse encompasses much more than just acts or threats of violence. In particular, it also includes coercive and controlling behaviour, whereby the abuser seeks to manipulate their victims, and restrict their freedom.

And abusers now have an additional weapon that they can use to harass and control their victims: smart technology.

The issue of smart technology being used by domestic abusers has attracted the attention of the House of Commons Culture, Media and Sport (‘CMS’) Committee, which has recently published a report on the subject.

As the Committee state, smart technology is everywhere, and influences every part of our lives, with an average of nine such devices in every UK household.

Smart technology takes many forms, from mobile phones and wearable technologies such as smartwatches and fitness trackers, to voice assistants, such as Alexa and Siri, security systems, and all sorts of smart appliances, controlling such things as lights, doorbells and central heating systems.

A common feature of smart technology is that these devices are often connected wirelessly via the internet, making them usable remotely, often without the knowledge of abuse victims.

Abusers can use the technology in various ways, for example to spy on their victims and monitor their movement, to take illicit videos and recordings of their victims, and even to manipulate the environment of their victims, for example by switching off lights and changing room temperatures.

As the CMS Committee pointed out, smart technology can even follow abuse victims who seek the sanctuary of a refuge, for example via a smartwatch, enabling abusers to find out where they are.

To tackle these issue the Committee make a number of recommendations, including raising awareness and training police to respond better to tech abuse.

Dame Caroline Dinenage MP, Chair of the CMS Committee, said:

“While the rising popularity of connected technology has brought undoubted benefits to everyday life, the flip side is the real risk some of these gadgets pose to privacy and personal safety online. In particular, the surge in use of devices such as smart home security systems, baby monitors, cameras and smart speakers to monitor, harass, coerce and control victims of domestic abuse is truly chilling.

“The Government must make it a priority to work with manufacturers to tackle this technology-facilitated abuse, which is only going to get worse in the future. The police and criminal justice system must be better equipped to deal with it, while victims should be properly supported.”

You can read the full report here.

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On the 20^th of February the government announced a raft of new measures to protect victims of domestic abuse.

The measures include:

● Tougher management of the most dangerous offenders: anyone jailed for 12 months or more for coercive control, including suspended sentences, will be placed on the violent and sex offender register, and also face being electronically tagged.

● Piloting new domestic abuse protection notices and orders in Gwent, Greater Manchester, and three London boroughs (Croydon, Bromley and Sutton). The court will be able to impose requirements such as attendance on perpetrator behaviour change programmes, alongside electronic monitoring and making it mandatory for offenders to notify the police of name and address changes.

● Requiring the police to treat violence against women and girls as a “national threat”, meaning that it should be given the same priority as serious organised crime, terrorism and child abuse.

● Developing a new digital tool which will use police data to identify individuals who are high risk and likely to commit domestic abuse offences, even those without convictions.

Describing the measures the government said: “The new proposals go further than ever before in protecting women and girls from harassment, aggression and violence, and focus on stopping domestic abuse before it takes place.”

Prime Minister Rishi Sunak commented: “No woman or girl should ever have to feel unsafe in her home or community and I am determined to stamp out these appalling crimes.”

And Home Secretary, Suella Braverman, said: “…police forces in England and Wales will now have to treat violence against women and girls as a national threat and more victims will be protected from harm.”

Whilst these measures may be welcome, an important point appears to have been missed: men can be victims of domestic abuse too.

And that includes not just men in same-sex relationships, but also men in opposite-sex relationships.

Surprising as it may be to many, it has been estimated that one third of domestic abuse victims are men. In 2020, for example, the Office for National Statistics estimated that 1.6 million women and 757,000 men reported abuse.

Despite these figures, male victims are often reluctant to seek help, concerned about the social stigma, and that they will not be taken seriously.

But domestic abuse, whether involving violence, threats of violence, controlling or coercive behaviour is a serious matter, irrespective of the sex of the victim. All victims are entitled to the protection of the law.

Whether male or female, if you are a victim of domestic abuse it is essential that you seek expert legal advice, at the earliest possible stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

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Many victims of domestic abuse have had their trauma compounded by finding themselves cross-examined in court by their alleged abusers.

But new measures have now been brought in to put a stop to alleged abusers cross-examining their victims.

Cross-examination of an abuse victim will normally be undertaken by the other party’s lawyer. However, often the other party will not have a lawyer, particularly as legal aid is not available to them. They therefore have to carry out the cross-examination themselves.

Needless to say, this could be extremely traumatic for the victim.

There are also concerns that perpetrators were using the process as a means of extending their abuse.

To deal with these issues the Government has brought in new measures to stop alleged abusers from cross-examining their victims.

The ban on cross-examining victims will be applied in cases where there is specified evidence of domestic abuse between those involved, or there is a criminal conviction or protective injunction in place between the parties.

In such cases the court may appoint a lawyer to carry out the cross-examination, to ensure that justice continues to be done fairly for both sides.

The lawyer’s fees will be paid by the state, and the Ministry of Justice say that hundreds of lawyers have already signed up to fulfil this role.

Commenting upon the new measures, Justice Minister, Tom Pursglove MP said:

“Going to court about family issues can be a traumatic experience, so victims of domestic abuse shouldn’t face the extra torment of being cross-examined by their abuser.

“This is already banned in criminal trials and from today it will be banned in family and civil courts too – to protect victims, ease the stress and make sure they get a fair hearing.”

The new measures form part of government efforts to reduce the trauma of appearing in court and ensure that victims are better supported. This includes introducing special measures in family and civil courts, such as screens and separate entrances, to minimise stress and help witnesses to give their best evidence.

These new measures to further protect victims of domestic abuse are certainly to be welcomed, and will hopefully ensure that victims are not put off from raising allegations of abuse in court.

Once again, if you are a victim of domestic abuse it is essential that you seek expert legal advice, at the earliest possible stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

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Last year the Government passed the landmark Domestic Abuse Act, as we reported here.

The purpose of the Act is to raise awareness and understanding of domestic abuse and its impact on victims, to further improve the effectiveness of the justice system in providing protection for victims of domestic abuse and bringing perpetrators to justice, and to strengthen the support for victims of abuse and their children provided by other statutory agencies.

Amongst other provisions, the Act introduced the first statutory definition of domestic abuse; created the office of Domestic Abuse Commissioner, with powers to raise public awareness and hold both agencies and government to account in tackling domestic abuse; and introduced new protections for victims of abuse.

The Home Office has now published Statutory Guidance to go with the Act. The guidance supports the implementation of the Act’s wide-ranging statutory definition of domestic abuse, and provides advice to those working with victims, including the police and local authorities.

Specifically, the guidance sets out that domestic abuse can take many forms, not just physical violence, and can include a range of other behaviours, including controlling or coercive behaviour, emotional, and economic abuse.

The Act also recognises children who see, hear or experience domestic abuse as victims in their own right.

The Home Office says that the guidance will ensure victims are supported to access frontline support that meets the complexity of their needs, by ensuring that the police, healthcare practitioners and local authorities have the necessary tools and information to offer tailored support to victims and survivors.

The guidance will also

Commenting upon the guidance Nicole Jacobs, the new Domestic Abuse Commissioner, said:

“Domestic abuse has a horrific impact on victims, children and society more broadly. I welcome the publication of the statutory guidance which gives us a detailed blueprint for how we understand domestic abuse and how we improve our response to it.

“It’s essential that we all work together to tackle domestic abuse and take a holistic approach to this issue which the guidance helps sets out.”

This is important: victims of domestic abuse may seek help from a number of different services. It is vital that all of those services understand what is domestic abuse, recognise when it occurs, and know how best to respond.

If you are a victim of domestic abuse it is essential that you seek expert legal advice, at the earliest possible stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

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It is a sad fact that many parents become involved in a seemingly never-ending series of court applications regarding arrangements for their children.

A typical scenario might go like this:

The parents are at loggerheads over who the children should live with. Unable to agree, they take the matter to court. The court finds in favour of one of the parents.

Unhappy at this, the other parent takes the matter back to the court, in an apparent attempt to get the court to change its mind. The court does not change its mind, so after a brief interval that parent tries again. And again.

This sort of situation can literally go on for years, with an aggrieved parent taking the case back to the court multiple times. Needless to say, such repeated applications can take an enormous toll on both the parents and the children, to say nothing of the effect upon court resources.

But the court has a way to put a stop to such a scenario: the barring order.

Normally, anyone is free to make whatever application to the court that they wish. However, a barring order restricts that freedom, by saying that a parent cannot make any further applications in relation to their children for a certain period of time, without first obtaining the court’s permission.

The court is unlikely to give permission unless there has been a change in circumstances since the last application.

Barring orders may be made upon the application of one party, or of the court’s own motion.

Until now, barring orders have usually been made in order to protect the children from the effects of repeated applications, by giving them a period of respite.

But new guidance for the courts is giving a different emphasis to barring orders.

The guidance recognises that sometimes the parent making repeated applications is only, or partly, doing so as a means of harassing or controlling the other parent. Unfortunately, all experienced family lawyers will have witnessed this behaviour.

The guidance therefore makes it clear that barring orders may be made not only to protect the child but also to protect the other parent from conduct amounting to harassment, or coercive/controlling behaviour.

The guidance also states that in proceedings in which domestic abuse is alleged or proven, or in which there are allegations or evidence of other harm to a child or other individual, the court should give early and ongoing consideration to whether it would be appropriate to make a barring order at the conclusion of the case, even if an application for such an order has not been made.

To emphasise this the guidance states that children applications “should not be used as a means of harassment or coercive control, or further abuse against a victim of domestic abuse or other person, and the court should therefore give due consideration to whether a future application would have such an impact.”

It is to be hoped that this new guidance will help protect parents from the stress of repeated meritless applications, made with the intention of harassing or controlling them.

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For the last month people everywhere have been engrossed in the Johnny Depp/Amber Heard defamation trial, as the two Hollywood stars have played out their private lives in front of the world’s media.

But whilst the trial may have fed the public’s hunger for salacious details of the lives of the rich and famous, there are serious lessons to be learned.

One such lesson comes from the allegations against Amber Heard. The issue between Depp and Heard began with the suggestion that Heard had been the victim of abuse at the hands of Depp. However, in the course of the trial allegations have been made suggesting that Heard may have herself been an abuser in the relationship.

Now, we do not wish to make any comment upon the truth of the allegations by either party – that is of course for the court to decide – but the fact that Heard may or may not have been the ‘innocent’ victim of abuse does illustrate that not all abuse victims are ‘perfect’.

When abuse occurs in a household it is of course quite possible that both parties may behave in an abusive manner, to a greater or lesser extent. A victim may, for example, respond by themselves being abusive towards their abuser, whether orally or physically. But that does not necessarily mean that they are no longer a victim.

However, the knowledge that their abuser may make counter-allegations against them in court, some of which may be true, could of course deter a victim of abuse from seeking the protection of the law, because they believe that the court will not help them if allegations against them are found to be true.

But a victim should not be deterred. If they need protection, they should seek it – no one should suffer abuse, whatever the situation. The court will understand that not all abuse victims are themselves entirely ‘innocent’, and will still offer its protection to an ‘imperfect victim’.

A victim of domestic abuse can ask a family court for whatever protection they need, including a ‘non-molestation’ order prohibiting their abuser from molesting or harassing them, and an ‘occupation’ order, which could, for example, require the abuser to leave the family home.

If you are a victim of domestic abuse it is essential that you are not put off from seeking the protection of the court. You should seek expert legal advice, at the earliest possible stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

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A global study of intimate partner violence by men against women has found that more than a quarter of all women and girls under 50 who have been in a partnership with a man have experienced domestic abuse.

The study, published yesterday in the medical journal The Lancet, analysed a database of 366 studies on the subject conducted between 2000 and 2018, capturing the responses of 2 million women from 161 countries and areas, covering 90% of the global population of women and girls.

The study found that of all women and girls aged between 15 and 49 who have had a partnership with a man, 27% have experienced physical or sexual intimate partner violence in their lifetime, with 13% experiencing it in the past year before they were surveyed.

The study also found that violence starts early, affecting adolescent girls and young women, with 24% of women aged 15–19 years and 26% of women aged 19–24 years having already experienced this violence at least once since the age of 15 years.

And researchers pointed out that all estimates in the study are based on women’s self-reported experiences of being subjected to intimate partner violence. They say that given the sensitive nature of the issue, the true prevalence of physical or sexual, or both, intimate partner violence is likely to be higher.

The study did say that regional variations exist, with low-income countries reporting higher lifetime and, even more pronouncedly, higher past year prevalence, compared with high-income countries.

The study states: “These findings show that intimate partner violence against women was already highly prevalent across the globe before the COVID-19 pandemic. Governments are not on track to meet … targets on the elimination of violence against women and girls, despite robust evidence that intimate partner violence can be prevented. There is an urgent need to invest in effective multisectoral interventions, strengthen the public health response to intimate partner violence, and ensure it is addressed in post-COVID-19 reconstruction efforts.”

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In an important judgment the Court of Appeal has authorised the identification of a father, a former Tory MP and Minister in Theresa May’s government, who was found to have subjected the mother to domestic abuse, including rape and coercive control.

The findings had been made by the Family Court at Derby in November 2020. The father had applied to the court for an order that he spend time with his child, who was born in 2018. The mother, who is now herself an MP, made various allegations of abuse against the father.

The judge made the findings at a fact-finding hearing, but decided that they should not be made public, in order to protect the child. The father did not seek to appeal against the findings.

Two journalists applied for the publication of the fact-finding judgment, including the names of the parties. Their application was supported by, amongst others, the mother and the child’s Guardian. The father accepted that the judgment could be published, but argued that the interests of the child made it necessary that he, the mother, and the child should all be anonymised.

The High Court found that the child was unlikely to be affected by the publication, in view of its young age, and the father’s behaviour itself would have a greater impact upon the child’s relationship with the father than the publication. Accordingly, the High Court ordered that the publication could go ahead.

The father appealed, to the Court of Appeal. The Court of Appeal held that the High Court was correct and dismissed the appeal, thereby authorising the publication of the judgment, including the names of the parties.

The decision has been generally welcomed, as very few such judgments are published, and it is hoped that the publication of this judgment will help to show the public how the Family Court deals with domestic abuse allegations, and thereby improve confidence in the system, which in turn might encourage victims of domestic abuse to come forward to the courts.

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Almost every unresolved dispute between parents over arrangements for children is referred to the Children and Family Court Advisory and Support Service (‘Cafcass’), which looks after the interests of children involved in family proceedings. Cafcass will investigate the case and report back to the court, usually with a recommendation as to what orders the court should make.

And sadly in many of those cases there are issues regarding alleged domestic abuse. For example, where a father is seeking contact with his children the mother may allege that the father has been abusive towards her. Such cases must, of course, be very carefully handled by all involved, including Cafcass.

Last year the Ministry of Justice set up an expert panel to look into how the family courts protect children and parents in private law children cases concerning domestic abuse and other serious offences. The panel made a number of serious findings in relation to both the processes and the outcomes for parties and children involved in such proceedings.

In response to those findings Cafcass has published an improvement plan which provides key priorities to strengthen its practice with children and families who have experienced domestic abuse, being clearer about how they explain their decisions to them, and improving the effectiveness of their management oversight.

Cafcass Chief Executive Jacky Tiotto said:

“We are committed, alongside other agencies in the family justice system, to improving all of our work with children and families who have experienced domestic abuse. It’s been so important to build on what we heard from the Ministry of Justice’s Expert Panel on Harm, and our own subsequent work to review and understand the quality of our practice and improvements that we need and want to make. We hope that the learning from our listening over the last year is explicit in our improvement plan and our wider learning and development programme. Children and families who experience our support and help deserve the very best from us and we want to offer advice to the family court that promotes the best interests of children and secures their safety.”

Hopefully, the plan will mean will mean a better service for all children and families who have experienced the scourge of domestic abuse.

Obviously, domestic abuse is a very serious issue in cases concerning children, and can have a significant bearing upon the outcome. Whether you are the victim or the alleged abuser you should therefore seek expert legal advice, at the earliest stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

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The landmark Domestic Abuse Bill, which we have mentioned here previously, has at last passed through both Houses of Parliament and been signed into law as an Act of Parliament.

The Act includes a raft of provisions designed to raise awareness of domestic abuse, and better protect victims.

To recap, the Act’s provisions include:

1. The first statutory definition of domestic abuse, incorporating a range of abuses beyond physical violence, including emotional, coercive or controlling behaviour, and economic abuse.  

2. New protections for victims of abuse, including Domestic Abuse Protection Notices, which can be given by the police to provide victims with immediate protection from abusers, and Domestic Abuse Protection Orders, which courts can make to help prevent offending by forcing perpetrators to take steps to change their behaviour, including seeking mental health support or drug and alcohol rehabilitation.

3. The establishment of the office of Domestic Abuse Commissioner, who will oversee the provision of domestic abuse services in England and Wales.

4. New protections and support for victims ensuring that abusers will no longer be allowed to directly cross-examine their victims in the family and civil courts, and giving victims better access to special measures in the courtroom to help prevent intimidation – such as protective screens and giving evidence via video link.

5. A provision placing a duty on local authorities in England to provide support to victims of domestic abuse and their children in refuges and other safe accommodation.

Commenting upon the passing of the Act   Safeguarding Minister Victoria Atkins said: 

“This law will fundamentally transform our response to tackling domestic abuse by providing much greater protections from all forms of abuse.”

And Claire Throssell MBE, Survivor Ambassador for the domestic abuse charity Women’s Aid, said:

“As a survivor and domestic abuse campaigner, the new act is a chance to make sure survivors are safe, protected and loved. The vital changes to the family court are long overdue and everyone accessing them deserves better. It is high time the family courts are safe and supportive, protecting victims and survivors instead of shielding perpetrators.”

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If you are a victim of domestic abuse you should seek expert legal advice, at the earliest stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

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The Court of Appeal has given guidance upon the approach that the Family Court should take to allegations of domestic abuse when dealing with disputes between parents over arrangements for their children.

As we mentioned here in this post, the court was hearing four linked appeals by mothers involved in proceedings relating to their children, in which the mothers had raised issues of domestic abuse.

As the Court of Appeal pointed out, allegations of abuse are often made by one or both parents in children cases. In fact, it is estimated that at least 40% of such cases now involve allegations of domestic abuse.

When allegations are made, the court must decide, usually at an initial ‘fact-finding’ hearing, whether they are true and what effect, if any, they should have upon the arrangements for the children.

This can obviously be a difficult task, balancing on one hand the safety and welfare of the child, and on the other hand the ‘right’ of the child and parent to have a continued and full relationship.

The guidance given by the Court of Appeal focussed primarily upon the issue of coercive and controlling behaviour.

Coercive and controlling behaviour involves one party seeking to restrict the other, over a period of time. It can take many forms, such as the abuser preventing the other party from spending time with their family and friends, or controlling them by restricting their access to money.

Emphasising the importance of such behaviour, the Court of Appeal said that the courts should prioritise consideration of whether a pattern of coercive and/or controlling behaviour is established, over and above the determination of any specific factual allegations.

The Court of Appeal stated that where one or both parents assert that a pattern of coercive and/or controlling behaviour existed, that assertion should be the primary issue for determination at the fact-finding hearing. Any other, more specific, factual allegations should be considered because of their potential relevance to the alleged pattern of behaviour, and not otherwise, unless any particular factual allegation (such as an allegation of rape) was so serious that it justified determination irrespective of any alleged pattern of coercive and/or controlling behaviour.

The guidance was welcomed by Lucy Hadley of the domestic abuse charity Women’s Aid, although she expressed concern that it did not go far enough, saying:

“…we are severely disappointed that the Court of Appeal did not call for an end to the ‘contact at all costs’ approach, which is putting women and children experiencing domestic abuse in danger … We fear this judgment has not recognised the urgent need for wholesale reform to make the family courts safe for survivors. We will continue to fight for a change to the presumption of parental involvement in domestic abuse cases – for good.”

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The Government has added some important new laws to its forthcoming Domestic Abuse Bill, designed to further protect victims of abuse and ‘clamp down’ on perpetrators.

The laws include making non-fatal strangulation a specific criminal offence, punishable by up to five years in prison. The Government says that this act “typically involves an abuser strangling or intentionally affecting their victim’s breathing in an attempt to control or intimidate them.” This is certainly something that many victims of domestic abuse complain of.

The announcement of the new offence follows concerns that perpetrators were avoiding punishment as the practice can often leave no visible injury, making it harder to prosecute under existing offences such as Actual Bodily Harm.

Another change is that the offence of controlling or coercive behaviour will be extended to include abuse where perpetrators and victims no longer live together. This change follows a Government review which highlighted that those who leave abusive ex-partners can often be subjected to sustained or increased controlling or coercive behaviour post-separation.

Lastly, so-called ‘revenge porn’ laws will be widened to include threats to disclose intimate images with the intention to cause distress. Those who threaten to share such images will face up to two years in prison.

The reforms have been welcomed by interested parties.

Dr Nicola Sharp-Jeffs OBE, Founder & CEO of the charity Surviving Economic Abuse said:

“We’re absolutely delighted the government is criminalising post-separation abuse via an amendment to the Domestic Abuse Bill.

“By doing so, victims will receive the recognition they need and deserve. Post-separation abuse is a devastating form of coercive control and the economic abuse elements of this can continue for decades.”

And Hetti Barkworth-Nanton, chair of the domestic abuse charity Refuge said:

“This is a significant moment for women experiencing domestic abuse who have been threatened with the sharing of their private intimate images and we are thrilled that the government has recognised the need for urgent change. Our research found that 1 in 7 young women have experienced these threats to share, with the overwhelming majority experiencing them from a current or former partner, alongside other forms of abuse.”

The Bill is in the final stages of its passage through Parliament, and it should not now be long before it becomes law.

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Family Law Cafe offers a modern, agile and compassionate approach to family law, giving you a helping hand when you need it and guiding you through the complexities of this difficult and stressful area. Family Law Cafe is your start-point for getting matters sorted with strategy, support and security.

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It is sadly not uncommon for issues of alleged domestic abuse to be raised in applications relating to arrangements for children. For example, a father may apply to the court for contact, only to have the mother oppose the application on the basis of allegations that he had been ‘guilty’ of domestic abuse.

Obviously, the court must investigate the allegations, and decide whether they have a bearing on the issue of contact. But it is a fine line to tread: on the one hand, such allegations must be taken seriously, on the other hand the court must not allow false or exaggerated allegations to interfere with the child’s relationship with (in the above case) their father.

The question of how the family court should approach domestic abuse in cases involving arrangements for children is currently being considered by the Court of Appeal.

Last week the Court of Appeal heard four linked appeals by mothers involved in proceedings relating to their children, in which the mothers had raised issues of domestic abuse. All four mothers raised concerns about how the court below had approached those issues.

As the four cases raised similar questions, it was decided that the Court of Appeal should hear them together.

The hearing has now ended, and the Court of Appeal is expected to hand down its judgment in the next few weeks. If it considers it necessary, it may also provide further guidance upon how the courts should approach the issue of domestic abuse in cases involving children.

There is already guidance that the courts should follow. This requires the court to consider at all stages in children proceedings whether domestic abuse is an issue, and if it is to investigate the matter at the earliest opportunity, and decide what effect, if any, it should have upon arrangements for the children.

However, there are some who believe that the guidance is not being followed, or that it does not go far enough.

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Domestic abuse is obviously a very serious issue in cases relating to children, which can have a significant bearing upon the outcome of the case. Accordingly, whether you are the victim or the alleged abuser you should seek expert legal advice, at the earliest stage. We can find you an expert that works with you on our digital platform. For more information, call us on 020 3904 0506, or click here, and fill in the form.

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The Ministry of Justice has announced a ‘major overhaul’ of how the family courts deal with domestic abuse.

The overhaul is in response to a report by a panel of experts which looked at the risk of harm to children and parents in cases involving disputes between parents about the arrangements for their children. The panel raised concerns that victims of domestic abuse and children were being put at unnecessary risk.

The new measures announced by the Ministry included:

– Giving an automatic entitlement for special measures in the courtroom for victims of domestic abuse going through the family courts, such as separate waiting rooms, separate building entrances and protective screens to shield them from their alleged abuser in court.

– Giving judges stronger powers to prevent abusers repeatedly dragging a victim back to court over child arrangements.

– Trialling an investigative, problem-solving approach in private family law proceedings, in order to reduce conflict. This could see judges decide what evidence to investigate, rather than both parties presenting their cases against each other.

– Reviewing the presumption of ‘parental involvement’ and whether the right balance is struck between the risk of harm to children and victims, with the right of the child to have a relationship with both parents.

Commenting on the measures Dame Vera Baird QC, Victims’ Commissioner for England and Wales said:

“This panel of experts has dug deep to understand, and address, the serious harm to domestic abuse victims and their children caused over many years by the presumption of contact, and the intensely adversarial process present in the family courts.

“With children’s voices rarely heard in these proceeding and even more rarely heeded, victims and children are in need of better protections from abusive perpetrators.

“I welcome the report, its recommendations, and the implementation plan which will help to address these, and other concerns. It has my full support. And I call on the government to action this as a matter of urgency.”

You can read the report here.

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If you would like to know more about protecting yourself from domestic violence and abuse, Family Law Café can put you in touch with an expert family lawyer – for further information, call us on 020 3904 0506, or click here, and fill in the form.

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Photo by Jordan Whitt on Unsplash

For the last two weeks we have all been ‘locked down’ due to the Coronavirus restrictions, forced to stay in our homes, save for specific purposes. This is obviously a trial for everyone, but for some it can be much worse.

What if the partner with whom you are having to stay at home is abusive? What can you do to protect yourself in this situation?

Leaving home

Obviously, if you are suffering serious abuse at the hands of your partner then you will not want to stay under the same roof as them. But can you leave home?

As we all know, or should know, the Coronavirus restrictions mean that it is an offence to leave home without “reasonable excuse”. We all also know that “reasonable excuse” includes obtaining basic necessities, taking exercise and seeking medical assistance. However, it also includes two other reasons, which may be relevant to a victim of domestic abuse:

1. Leaving the house to access “critical public services.” This includes social services and services provided to those at risk; and

2. Leaving the house to avoid injury or illness, or to escape a risk of harm.

Further to this, Home Secretary Priti Patel has confirmed that: “whilst our advice is to stay at home, anyone who is at risk of, or experiencing, domestic abuse, is still able to leave and seek refuge.”

Obviously, the police are enforcing the lockdown. However, they have been issued with guidance which specifically acknowledges that it may not be safe for everyone to stay at home.

So, in short, you can leave your home without breaching the Coronavirus restrictions, if you believe you will be at risk of harm due to an abusive partner.

But where can I go?

If you have a friend or family who you can stay with, all well and good (although you may still need to comply with self-isolation rules). But what if you don’t have anywhere to go?

Well, refuges and other forms of emergency accommodation are still open, and the Government has specifically stated that they do not need to close, unless directed to do so by Public Health England or the Government.

However some refuges may not be able to provide self-contained spaces where people can self-isolate, or ensure suitable space for social distancing, which may limit the service they can offer. Further, emergency accommodation may have to close if too many staff members need to self-isolate or if suitable social distancing measures cannot be implemented.

For further information about the availability of accommodation near to you, contact the National Domestic Abuse Hotline.

What other steps can I take to protect myself?

It is still possible to apply to a court for a domestic violence injunction, despite the Coronavirus restrictions.

Such injunctions take two forms:

1. A non-molestation order, which prevents another person from harming you or a child; and

2. An occupation order, which will indicate who can live in the family home and can direct another person to leave the home.

Whilst some courts have been temporarily closed due to the Coronavirus outbreak, there are still courts open that will deal with urgent injunction applications. Most injunction hearings will take place by telephone.

If you are in immediate danger, then you should still call the police, on 999.

Further advice and help

The above is just some general advice. For more detailed advice, or if you wish to instruct a lawyer to obtain an injunction on your behalf, call us on 020 3904 0506, or click the ‘Sign up’ button at the top of the page, and fill in the form.

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Image of empty street by Leslie on flickr, licensed under CC BY 2.0.

An enhanced version of the Domestic Abuse Bill has been introduced to Parliament by the Government. The Bill, which aims to strengthen protection for victims of abuse, had been introduced in the last Parliament, but failed to complete its passage through Parliament before the General Election.

To recap, measures in the Bill include: introducing the first ever statutory government definition of domestic abuse, which will include economic abuse; establishing a Domestic Abuse Commissioner to champion victims and survivors; introducing new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders; and prohibiting the cross-examination of victims by their alleged abusers in the family courts.

As we reported here, the Government has already announced that Nicole Jacobs will be the first Domestic Abuse Commissioner.

Enhancements to the Bill include requiring local authorities in England to provide support and ensure safe accommodation for victims and their children, and improving on the ban on alleged abusers from cross-examining their victims in the family courts, by applying it to all family proceedings where there is evidence of domestic abuse.

Commenting on the Bill Home Secretary Priti Patel said:

“An astonishing 2.4 million people in England and Wales have suffered domestic abuse. That is unacceptable, and the reason why it is so important to shine a light on this crime.
“The Domestic Abuse Bill is a monumental step to empower victims and survivors, provide protection and tackle perpetrators at the earliest stage.
“Through this bill and bolstering law enforcement, we will be able to keep millions of victims safe.”

Family Law Café welcomes the re-introduction of this important Bill, and hopes that it will swiftly pass onto the statute book.

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Family Law Cafe surrounds and supports the customer with both legal and pastoral care, end to end, from top barristers to case workers to therapists and mediators, to help the customer get the best possible result with the minimum stress. Family Law Cafe is your start-point for getting matters sorted with strategy, support and security.

Photo by Kat J on Unsplash

Rosie Duffield, the Labour MP for Canterbury, has given a harrowing account of her experience of domestic abuse, in a debate in the House of Commons.

The MP was speaking during the course of the second reading debate on the Domestic Abuse Bill, which will introduce a comprehensive package of measures to tackle domestic abuse.

Ms Duffield described how she suffered verbal abuse, humiliation and financial control at the hands of her former partner. She said:

“Domestic violence has many faces and the faces of those who survive it are varied too. Sometimes there are no bruises. Abuse is very often all about control and power.”

She said that at first her relationship with her partner had been full of romantic gestures. However, over time he changed, using verbal intimidation and criticism, and sometimes not speaking to her at all. She said that expressions such as “You’re mine for life” can sound menacing, and are used as a warning over and over again. She described a repeating pattern of reward, punishment, promises of happy ever after, alternating with abject rage, menace, silent treatment and coercive control. Eventually the abuse spilled out in public, with him shouting at her at constituency events, causing her extreme humiliation.

She was only able to bring an end to the abuse by taking away her partner’s house keys, thereby locking him out of her home. She concluded by saying:

“You realise it’s not your fault. He is left alone with his rage and narcissism.

“If anyone is watching and needs a friend, please reach out if it safe to do so and please talk to any of us, because we will be there and hold your hand.”

The Speaker of the House, John Bercow, said that Ms Duffield’s speech had been “simultaneously horrifying and as moving a contribution” as he had heard in his 22 years in the Commons.

The speech is a reminder that domestic abuse can happen to anyone, and can take many forms. Whatever form it takes, no victim has to suffer. If you would like to learn about protecting yourself from domestic violence and abuse, Family Law Café can help. To book a free initial consultation with us click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.

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Image of Rosie Duffield: Chris McAndrew [CC BY 3.0], via Wikimedia Commons.

The Home Secretary Priti Patel has announced that Nicole Jacobs will be the first Domestic Abuse Commissioner for England and Wales.

Ms Jacobs will initially work as the designate Commissioner, as the post has technically not yet been created. It was due to be created by the Domestic Abuse Bill, but the Bill fell when Parliament was prorogued. The Government has pledged to re-introduce the Bill in the next Parliamentary session. [UPDATE: The Supreme Court has, of course, now decided that Parliament was not in fact prorogued. Hopefully, this will mean that the Bill will now continue its passage through Parliament.]

The Commissioner will be tasked with encouraging good practice in preventing domestic abuse; identifying both those at risk of abuse as well as those perpetrating it and improving the protection and provision of support to those affected by domestic abuse. They will also be able to publish reports that hold statutory agencies and the government to account.

Ms Jacobs was the former Chief Executive Officer at charity Standing Together Against Domestic Violence and has more than two decades of experience working to reduce domestic abuse. Responding to her appointment, she said:

“Establishing the Office of the Domestic Abuse Commissioner shows the government’s commitment to reducing harm and improving the lives of those who experience domestic abuse.

“It is an honour and a privilege to be appointed as the first Commissioner and I intend to raise the voices of victims and survivors of all ages, status and background and ensure that we shine a light on practice that fails them.”

Family Law Cafe wishes her well, and hopes that her appointment will improve the response to the scourge of domestic abuse.

If you would like to know more about protecting yourself from domestic violence and abuse, Family Law Café can help. To book a free initial consultation with us click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.

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Image of Nicole Jacobs reproduced from the GOV.UK website, Crown copyright, licensed under the Open Government Licence.

Several newspapers are today carrying a story about a wife who is apparently unable to obtain a divorce, despite her husband being jailed for seriously assaulting her. The story goes that her husband, who is currently serving a three years and three months prison sentence at HM Prison Manchester, commonly known as ‘Strangeways’, is preventing the divorce by not consenting to it. But is it really the case that a husband in this situation can prevent a divorce?

We don’t have all of the relevant facts of this particular case, so we cannot comment upon it in detail. What follows are a few basic principles.

As the law on divorce currently stands anyone wishing to take divorce proceedings must prove that the other party has committed adultery, that the other party has behaved unreasonably, that the other party has deserted them for two years, that they have been separated for two years and the other party consents to a divorce, or that they have been separated for five years. It will be noted that the consent of the other party is only required for a two year separation divorce, although in other cases the other party can seek to defend the divorce.

Clearly, a serious assault of the type suffered by the wife in the reported case would amount to unreasonable behaviour. The husband could seek to defend the divorce, but as a court has already found him guilty of the assault then it would be extremely unlikely that any defence would be successful.

Of course, if the reform of the divorce laws to introduce no-fault divorce goes ahead, then all of this will be academic – there will be no need to prove adultery, unreasonable behaviour, etc., and the other party would not be able to defend the case.

There is one other matter that could be delaying the divorce: that the husband is refusing to acknowledge receipt of the divorce papers. In that case, the wife only needs to prove that he has received them, and she will be able to proceed with the divorce.

In short, if a wife has suffered serious abuse at the hands of her husband then she should be able to get a divorce. The husband could seek to delay the divorce, but it is very unlikely that he could prevent it.

As we said, we cannot advise specifically upon the case in the newspapers. However, there does appear to be a moral to take from it: obtain expert legal advice before issuing divorce proceedings. Family Law Cafe can help you find that advice. To book a free initial consultation with us click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.

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Image: HMP Manchester by Mikey, licensed under CC BY 2.0.

A public call for evidence, or consultation, has been launched on how the family courts protect children and parents in private law children cases concerning domestic abuse and other serious offences. The call for evidence is part of a three-month project overseen by a panel of experts, aimed at throwing a spotlight on how the family courts manage the safety and well-being of children when there is a risk of domestic abuse.

Specifically, the call for evidence will focus on private family law proceedings. Amongst the questions it will ask are:

• How Practice Direction 12J, which relates to child arrangement cases where domestic abuse is a factor, is being applied. This includes its interaction with the presumption that involvement of both parents in the life of the child concerned will usually further the child’s welfare.

• How ‘barring orders’ are being used. These prevent further applications being made without leave of the court. Such applications could be used to re-traumatise those who’ve faced abuse.

• What is the impact on the child and parent victim where child contact is sought by someone alleged to have, or who has, committed domestic abuse or other relevant offences.

Justice Minister Paul Maynard said:

“Domestic abuse destroys lives, which is why survivors and their children must have every confidence that they will be protected in the family courts.

“Just this week we introduced legislation that will ban abusers from cross-examining their victims in the family courts, and throughout our review we will be engaging with victims across the country to make sure we are doing all we can to protect them further.

“The review – ordered by ministers in May – will also consider the level of encouragement victims are given to raise concerns, the standard of domestic abuse information shared with courts, as well as looking to better understand the different types of coercive control.”

You can find the consultation here.

If you are involved in a children case in which domestic abuse is a factor, you should seek expert legal help. Family Law Cafe can provide this. To book a free initial consultation with us click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.

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Family Law Cafe’s accessible team of legal experts from various disciplines expedites the customer’s case and keeps them informed and in control 24/7 through a unique and secure online portal.

Image: parent/child shadow, by Anders Andersson, licensed under CC BY 2.0.

The government’s Domestic Abuse Bill, which has been described as “the most comprehensive package ever presented to Parliament to tackle domestic abuse, both supporting victims and bringing perpetrators to justice”, is to receive its first reading in the House of Commons today.

Measures in the Bill include:

• introducing the first ever statutory government definition of domestic abuse, which will include economic abuse

• establishing a Domestic Abuse Commissioner to champion victims and survivors

• introducing new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders

• prohibiting the cross-examination of victims by their abusers in the family courts

• providing automatic eligibility for special measures to support more victims to give evidence in the criminal courts

Justice Secretary David Gauke commented:

“This Bill marks a fundamental shift in our response to domestic abuse – establishing greater protections for victims, whilst ensuring perpetrators feel the full weight of the law.

“By banning abusers from cross-examining their victims in the family courts, and giving courts greater powers through new protection orders, we are making sure the justice system is better equipped than ever to tackle this horrific crime.”

As we have said before, Family Law Cafe welcomes the Bill, in particular the provision prohibiting the cross-examination of alleged victims by their alleged abusers in the family courts.

For further information about how you can protect yourself from domestic abuse, see this post. If you would like to know more about protecting yourself from domestic violence and abuse, or if you would like to apply for a court order, Family Law Café can help. To book a free initial consultation with us click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.

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Image: Teddy Bears and Bruises by DualD FlipFlop, licensed under CC BY 2.0.

The last thing that we here at Family Law Cafe want to do is take sides in the argument over who should or should not be this country’s next Prime Minister. However, there is an important message to take from the reporting of an incident the other day at the home of Boris Johnson and his partner, Carrie Symonds.

The important message is this: if you are concerned that a serious incident of domestic abuse may be taking place then you should report it to the police. Some have argued that what happened between Mr Johnson and Ms Symonds was private and should not have been reported. However, it would be a serious retrograde step if concerned neighbours felt they should not report their concerns because that might breach someone’s privacy. A large number domestic abuse incidents only come to the attention of the police because they are reported by concerned neighbours, and failing to report could put many victims at risk.

It is of course true that everyone is entitled to privacy in their own home, and we are not for one moment suggesting that anyone should pry into the private life of a neighbour. However, an altercation that is so loud that it can be heard by others is no longer private. We are not of course saying that anything untoward happened at Mr Johnson’s home, just that genuine concerns should be passed on to the authorities. Domestic abuse is a scourge that we all have a duty to address.

If you are a victim of domestic abuse then there are steps you can take to protect yourself. For a summary, see this post. For further information, please contact us. To book a free initial consultation, click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.

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Family Law Cafe’s accessible team of legal experts from various disciplines expedites the customer’s case and keeps them informed and in control 24/7 through a unique and secure online portal.

Image of Boris Johnson from Flickr, licensed under CC BY 2.0.

The Government has today published a draft Domestic Abuse Bill, aimed at supporting victims and their families, and pursuing offenders.

The draft Bill includes provisions to:

• introduce the first ever statutory government definition of domestic abuse, to specifically include economic abuse and controlling and manipulative non-physical abuse;

• establish a Domestic Abuse Commissioner to drive the response to domestic abuse issues;

• introduce new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders; and

• prohibit the cross-examination of victims by their abusers in the family courts.

The proposed Bill is in response to a consultation on domestic abuse that the Government carried out last year.

Home Secretary Sajid Javid said:

“Domestic abuse shatters lives and tears families apart. It can happen anywhere, to anyone. Protecting victims, as well as supporting survivors, is at the heart of our strengthened response to this horrific crime. Our draft Domestic Abuse Bill and wider package of measures, unveiled today, will bolster the protection for victims and will help expose and bring the vile abusers to justice.”

Family Law Cafe welcomes the draft Bill, in particular the provision prohibiting the cross-examination of alleged victims by their alleged abusers in the family courts.

For further information about how you can protect yourself from domestic abuse, see this post. If you would like to know more about protecting yourself from domestic violence and abuse, or if you would like to apply for a court order, Family Law Café can help. To book an initial consultation with us click the green button at the top of this page and fill in the form, or call us on 020 3904 0506.

You can read the Government’s consultation response, including the draft Bill, here.

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Image: Domestic Violence by CMY Kane, licensed under CC BY 2.0.

In a speech given at the Law School, University of Edinburgh, on 20 March the President of the Family Division Sir James Munby outlined his views on the future of family courts, and reform of family law.

The speech, entitled Changing families: family law yesterday, today and tomorrow – a view from south of the Border, began with an outline of the history of family law in England and Wales since Victorian times. Sir James then moved on to what he called “perhaps the greatest challenge facing the family courts”. This, he said, was the need for family courts to become problem-solving courts, dealing with the underlying issues behind children disputes, rather than just deciding what should happen to the child in future. What was urgently required, he explained, was:

“…a fundamental re-balancing of the family court towards what ought to be its true role as a problem-solving court, engaging the therapeutic and other support systems that so many children and parents need.”

Sir James then concluded his speech “by examining a few of the parts of family law most pressingly in need of statutory reform.” These included the introduction of property rights for cohabitants, no-fault divorce, reform of the law relating to financial remedies on divorce, reform of the rules about access to and reporting of family cases (to counter the charge that we operate a system of secret justice), and giving judges the power to prevent the cross-examination in person by alleged perpetrators of domestic violence of their alleged victims.

Family Law Cafe welcomes all of these ideas, and hopes that they come to fruition in the near future.

You can read the full speech here.

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Image of Old College of Edinburgh University by Kim Traynor (Own work) [CC BY-SA 3.0], via Wikimedia Commons.

The Home Office and Ministry of Justice have launched a consultation on domestic abuse, seeking views on measures to be included in the government’s forthcoming draft Domestic Abuse Bill.

The consultation, entitled ‘Transforming the Response to Domestic Abuse’, sets out the government’s proposed reforms to the law on domestic abuse, including:

• Introducing a new statutory definition of domestic abuse including (for example) economic abuse, to ensure that domestic abuse is properly understood.

• Creating a new Domestic Abuse Protection Order, to better shield victims against further abuse by enabling courts to impose a range of conditions on abusers, such as compulsory alcohol treatment and using electronic tagging to monitor them. Breaching the order would be a criminal offence.

• Putting into law the Domestic Violence Disclosure Scheme, which gives any member of the public the right to ask the police if their partner may pose a risk to them.

• Providing protection for alleged victims of abuse in court, for example by allowing them to give evidence behind a screen or via a video link.

• Ensuring that sentencing of domestic abuse related offences duly recognises the devastating impact of domestic abuse on victims and any children involved.

Commenting upon the consultation Justice Secretary David Gauke said:

“The damage caused by domestic abuse can last a lifetime. We have a duty not only to support those affected but to prevent others falling victim in future.

“We continue to improve the way domestic abuse is dealt with throughout the justice system, but there is undoubtedly more we can do.

“By proposing to give courts greater powers, from a new protection order to tougher sentences, we are sending a clear message that domestic abuse in any form will not be tolerated.”

The consultation closes on the 31st of May. You can read it here. Family Law Cafe welcomes the consultation, and urges anyone who wishes to contribute their views to do so, here.

If you are the victim of domestic abuse you can find out how you can protect yourself, in this post.

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Image: Home Office and Ministry of Justice

To mark International Women’s Day tomorrow, the domestic abuse charity Women’s Aid has published Survival and Beyond: the domestic abuse report 2017, to celebrate “the extraordinary women who run the national network of refuges and outreach support services who help save the lives of women and their children who are experiencing domestic abuse every day.” The report looks at service provision and the needs of women and children who are victims of domestic abuse, including change over time from 2010 to 2017.

Amongst the findings in the report were that only 28% of women using community-based services (such as drop-in services and counselling support) reported domestic abuse to the police, while 43.7% who use refuges reported. Further, of those who reported, only 13.2% of the community-based service users and 17% of the women resident in refuge services said that there had been a criminal case or criminal sanctions taken against the perpetrator.

Commenting upon the figures Katie Ghose, Chief Executive of Women’s Aid, said:

“From our work with survivors, we know that it takes a lot of strength and courage for women to build up the confidence to report domestic abuse to the police.

“The police have made significant progress in transforming their response to tackling domestic abuse, but for some women the barriers to reporting to the police or proceeding with a prosecution will remain insurmountable.

“That’s why it is vital that all agencies, from healthcare to housing, make tackling domestic abuse their business.

“Our new findings show that very few women experiencing domestic abuse see any criminal justice outcomes in their cases and have limited involvement with the police, but they do access lifesaving support from specialist services.

“That’s why refuges and community-based support services are vital for survivors to be able to get the help they need, when and where they need it. These life-saving services are not an optional extra but an essential piece of the jigsaw in our response to domestic abuse.”

You can read the full report here and a summary of it here.

For information about how you can protect yourself from domestic violence and abuse, see this post.

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Image: Women’s Aid

Confused by the jargon? Family law, just like all other areas of law, is full of legal jargon, so here are some plain English definitions for some of the terms that you are likely to come across if you are involved in family court proceedings:

Arbitration – A process whereby the parties agree that their case will be decided by a trained arbitrator. For further details, see this post.

Ancillary Relief – An older term for Financial Remedies – see below.

Cafcass – The ‘Children and Family Court Advisory and Support Service’ – look after the interests of children involved in family court proceedings.

Child Arrangements Order – An order setting out arrangements relating to with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person. For further details, see this post.

Clean Break – A financial settlement that dismisses all financial claims (in particular for maintenance) by either spouse against the other, thus achieving a ‘clean break’ between the parties.

Consent Order – A court order made with the agreement of both parties. Usually refers to an order setting out an agreed financial settlement following divorce. Note that the order must still be approved by the court, which is not obliged to approve it merely because the parties agree.

Co-Respondent – The person named by the Petitioner as having committed adultery with the Respondent. The Co-Respondent is a party to the divorce proceedings.

Cross Petition – A document filed by a Respondent to a divorce who wishes to defend the divorce and petition themselves, alleging that the breakdown of the marriage was due to a different reason to that alleged by the Petitioner.

Decree Absolute – The order finalising the divorce.

Decree Nisi – The order stating that the Petitioner (or the Respondent, in the case of a divorce proceeding on a cross petition) is entitled to the divorce.

Desertion – Separation without consent or good reason, and where the deserting spouse has no intention of returning. Desertion is actually very rare.

Directions – Orders of the court, usually setting out how the case will proceed.

Financial Dispute Resolution Appointment – A hearing within an financial remedies application, at which the parties should use their best endeavours to settle the matter by agreement, with the help of the judge.

Financial Remedies – The financial settlement in connection with divorce proceedings.

Injunction – An order requiring a party to do, or to refrain from doing, certain acts. In family law, most commonly refers to orders restraining domestic violence or abuse.

Irretrievable Breakdown (of marriage) – The ground for divorce. Must be shown by proving adultery, unreasonable behaviour (see below), two years’ desertion (see above), two years’ separation with the other party’s consent, or five years’ separation. For further details, see this post.

MIAM – A ‘Mediation Information and Assessment Meeting’. A meeting at which it is assessed whether the case is suitable for mediation (see below). In most cases, it is necessary to attend a MIAM before making an application to the court.

Mediation – A process whereby a trained mediator will help couples agree arrangements for children and/or a financial settlement.

Non-Resident Parent (‘NRP’) – The parent with whom the child or children is/are not residing. A term usually used in connection with child support.

Parental Responsibility – For an explanation of what parental responsibility means, see this post, and for details of how it is acquired, see this post.

Parent With Care (‘PWC’) – The parent with whom the child or children is/are living. A term usually used in connection with child support.

Periodical payments – Another term for maintenance.

Pension Sharing Order – An order transferring all or part of one party’s pension to the other party. For further information, see this post.

Pension Attachment Order – An order stating that one party will receive part of the other party’s pension when the other party receives it. Again, for further information, see this post.

Petitioner – The party who issues the divorce proceedings.

Property Adjustment Order – An order adjusting the ownership of matrimonial property, for example increasing a party’s share in the matrimonial home from 50% to 75%.

Respondent – The party who did not issue the proceedings. Note that the Respondent to an application for financial remedies could also be the Petitioner in the divorce proceedings.

Unreasonable Behaviour – Behaviour by one party such that the other party cannot reasonably be expected to live with them. This is one of the five ways of proving that the marriage has irretrievably broken down, for the purpose of divorce proceedings. For further details, see this post.

Without Prejudice – Words used in an offer of settlement to ensure that the offer cannot be shown to the court if it is not accepted. If the offer is accepted the protection of ‘without prejudice’ is gone.

Of course, if you are in any doubt as to what a word or phrase means, then you should seek legal advice.

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Image: Confused, by Ben W, licensed under CC BY 2.0.

It has today been confirmed that the Prisons and Courts Bill will not be proceeded with, ahead of the dissolution of Parliament in the run-up to the general election.

The Bill would, amongst other things, have given courts the power to put an end to domestic violence victims being cross-examined by their alleged abusers in the family courts.

Outstanding government bills can be pushed through Parliament before dissolution, in a process known as ‘wash-up’, but this Bill still had too many stages to go through, as it had not yet been to the House of Lords.

There is, however, nothing to stop the Bill being resurrected by the new government, after the election.

Image: Big Ben + Houses Of Parliament, by Alex France, licensed under CC BY 2.0.

Justice Secretary Liz Truss has announced that the government is giving courts the power to put an end to domestic violence victims being cross-examined by their alleged abusers in the family courts, calling time on what Ms Truss has described as a “humiliating and appalling” practice.

The move comes after an urgent review that Ms Truss commissioned last month, following a campaign by victim support groups. It will bring the family courts into line with the criminal courts, which have had a similar power for some time.

The provision will be included in the forthcoming Prisons and Courts Bill. Commenting upon the Bill Justice Minister Sir Oliver Heald said: “Victims and the most vulnerable are at the centre of our changes, which will help deliver swifter and more certain justice for all.”

If you have been the victim of domestic violence or abuse, Family Law Café can help. To contact us click the Contact link above and fill in the form, or call us on 0208 768 2278.

Image of Liz Truss by Policy Exchange, licensed under CC BY 2.0.

Prime Minister Theresa May has announced plans for a major programme of work leading towards bringing forward a Domestic Violence and Abuse Act.

The programme of work will look at what more can be done to improve support for victims of domestic violence and abuse, especially in the way the law, and legal procedures, currently work for such victims. Experts in this area will be invited to contribute ideas and proposals for improving the way the system works which is likely to lead to legislation – making it much easier for law enforcement bodies to find and use more consistently the measures at their disposal. The Prime Minister will also ask for any potential ‘quick wins’ in the intervening period to be identified and acted upon.

The Prime Minister believes that the measures that come out of this work will raise public awareness of the problem – as well as encourage victims to report their abusers and see them brought to justice. She said: “Domestic violence and abuse is a life shattering and absolutely abhorrent crime; tackling it is a key priority for this government … I believe that the plans I have announced today have the potential to completely transform the way we think about and tackle domestic violence and abuse.”

Image: I Thought He Loved Me, by DualD FlipFlop, licensed under CC BY 2.0.

Domestic violence and abuse can take many forms, including not just physical violence but also controlling and coercive behaviour, such as depriving the victim of financial support, restricting their independence, threatening or humiliating them.

What can you do if you are the victim of domestic violence or abuse?

Firstly you can report the matter to the police. The police should investigate the matter and can arrest, caution or charge the perpetrator. The police can also issue a Domestic Violence Protection Notice and then apply to the magistrates’ court for a Domestic Violence Protection Order, which can protect you from further abuse, and if you live with the perpetrator, ban them from returning to the home and contacting you. If the perpetrator does not keep to the Order, they can be arrested and brought before the court. A Domestic Violence Protection Order lasts for up to 28 days

You can also seek a court order against the perpetrator yourself. There are two types of court order that you can seek: a non-molestation order and an occupation order (both also known as ‘injunctions’). The non-molestation order prohibits the other party from molesting, harassing or pestering you, and the occupation order requires the other party to vacate or stay away from your home. There is no fixed length for a non-molestation order, but the court may not be able to make an occupation order that lasts for more than six months. In the case of either type of order, if the other party should breach the order then they may be committed to prison (breach of a non-molestation order is a criminal offence). Legal aid is available in connection with applying for these orders, subject to eligibility.

If you would like more information regarding protecting yourself from domestic violence and abuse, or if you would like to apply for an order, Family Law Café can help. To contact us click the Contact link above and fill in the form, or call us on 020 3904 0506.

Image: Domestic Violence by CMY Kane, licensed under CC BY 2.0.