Partner Article

Domestic Violence - Preventative Steps

With disturbing pictures published this week of Charles Saatchi, apparently with his hand around the throat of his wife and celebrity chef Nigella Lawson during an argument in a restaurant, the issue of domestic abuse is brought back into the spotlight.

Anthony Ball, as associate in the Private Client department of hlw Keeble Hawson – one of Yorkshire’s largest law firms with offices in Leeds, Sheffield and Doncaster - outlines what victims can do to prevent a re-occurrence of abuse.

For many people, the images of Nigella struggling to be free of her husband’s hand around her throat were not simply shocking because it depicted celebrities in a light rarely seen - but because the events were played out in such a public place.

It is estimated that one in four women will experience domestic abuse in their lifetime and that, of those, between one in eight and one in ten will experience it every year.

The reality is that many incidents of domestic abuse do not take place for all to see but behind closed doors and often in the intimacy of the family home where they remain unreported. Interestingly it would seem that it was Charles Saatchi, formerly of the global advertising agency Saatchi & Saatchi, and not Nigella who approached the police to accept a caution for assault, although we do not speculate as to his reasons for doing this.

Abuse can also take many forms and will occur regardless of lifestyle and irrespective of age, class, ethnicity, religion or disability. Whatever form it takes, it is important to remember that domestic abuse is never acceptable and that there are effective means of preventing this from happening whatever your circumstances.

An injunction is one remedy and can prevent behaviour that would otherwise constitute abuse from re-occurring. The order is obtained from the Court which, if necessary, can be granted without notice on the same day. This ensures that the most vulnerable are protected by the Court before the abuser is even aware of what is happening.

There are two principle injunctions that a Court can make;

The first is a non-molestation order. This injunction prevents the use or threatened use of violence, harassment or intimidation. It can be extended to protect any children of the family and also stop the abuser from instructing or encouraging anyone else to act in a similar way on their behalf. Breaching this type of order is now a criminal offence which could lead to the abuser receiving a fine and/or prison sentence.

The second is an occupation order. This order excludes a person from living in a property which they would ordinarily have a right to occupy. It can also stop them from returning to the property or within a certain distance of it. In other circumstances, the order can be used to regulate how the property is used and which rooms, for example, the other person is allowed into. Where the property is rented and in joint names, the Court can order the tenancy to be transferred into just one name.

It is, of course, possible to ask that the Court make both types of order and, in certain circumstances, compensation under the Protection From Harassment Act 1997.

At hlw Keeble Hawson our family team has particular expertise in this area of law with a number of Resolution and Law Society accredited specialists who will be able to identify the most appropriate course of action for you to take. Please contact either Vanessa Fox, Antony Ball, Cath Degenhart or Lisa Taylor should you require any further assistance on 0114 272 2061.

Legal Aid is usually available for most and if court proceedings are necessary, we can help you secure orders swiftly to stop the abuse from continuing and where appropriate have the abuser removed from the home to allow you to return or remain there safely.

This was posted in Bdaily's Members' News section by Antony Ball .