Abuse is not always easy to identify, and in the case of controlling behaviour, financial constraints and emotional abuse, some victims may not even know that this is happening to them. Where this is the case, the abuse is known as coercive control.
Domestic abuse can come in many forms and the Domestic Abuse Act 2021 provides a non-exhausted list of behaviours which are as follows:
- Physical violence;
- Violent or threatening behaviour;
- Controlling or coercive behaviour;
- Economic abuse; and
- Psychological, emotional or other abuse.
Coercion will usually involve a pattern of acts encompassing, for example, assault, intimidation, humiliation and threats. Controlling behaviour ‘involves a range of acts designed to render an individual subordinate and to corrode their sense of personal autonomy.’
Pursuing domestic abuse issues through the Criminal Courts certainly has a place in today’s society, but it can be a blunt instrument as a prosecution could lead to a term of imprisonment for the perpetrator and/or a fine. The Criminal Courts also have the power to make compensation and restraining orders. Considering these consequences, a married individual must think carefully about referring the matter to the police and seeking a conviction because this may have a negative impact on the perpetrator’s ability to work and earn for the family.
If a vulnerable person is in doubt as to whether their abuser should be subject to the full range of criminal sanctions, an alternative approach may be to make an application to the Family Court for a Non-Molestation and/or an Occupation Order which could offer immediate protection (and further sanctions through the Criminal Courts in the event of a breach).
A Non-Molestation Order serves as a final warning to the abuser to modify their behaviour and not to contact a victim. An Occupation Order can regulate living arrangements. Where allegations of abuse have been raised and there appears to be an immediate risk of significant harm, the court has the power to make urgent and without notice Non-Molestation and Occupation orders on a time limited basis. If long-term orders are sought the court will have to assess the allegations to determine the orders.
In addition, if an application for a Non-Molestation Order is made in conjunction with an application to define arrangements for children, the Family Court has the power to order the following:
- Risk assessments
- Planning together for children course
- Build better relationship courses
- Integrated domestic abuse project
These assessments and courses give the accused abuser an opportunity to gain insight into how their behaviour can be interpreted as domestic abuse. It also gives the abuser a targeted platform in how to change if they wish to have a relationship with their children. These opportunities are not available in the Criminal Courts, so it is common for an individual convicted of domestic abuse to leave court in denial about how their behaviour has been interpreted.
The Family Court now has wider remedies in assisting victims of alleged abuse and is ready to offer support to those who need it.
For help and advice on this topic or related issues, please contact Kiran Beeharry by calling 01727 798047 or emailing kiran.beeharry@salaw.com.
