Domestic Abuse – Your rights
Domestic abuse can take many forms, and understanding your legal rights is an important first step. Indiya Kainth from our Family team has prepared this piece to help victims of domestic abuse understand the protections available to them.
At GT Stewart, we understand that taking the first step towards tackling domestic abuse is extremely difficult.
We have the knowledge and expertise in helping victims of domestic abuse. We are ranked and recommended by the Legal 500 UK Legal Directory for our excellence in Family & Child Care work.
Understanding your legal rights as a domestic abuse survivor
The legal landscape for domestic abuse survivors has undergone significant updates. If you are navigating a domestic abuse situation, here are the key legal rights and tools available to you.
What counts as domestic abuse?
Domestic abuse is not limited to physical violence. Your rights extend to protection from:
Coercive Control: Patterns of behaviour used to isolate, intimidate, or manipulate,
Economic Abuse: Restricting access to money or basic resources,
Post-Separation Abuse: Continued manipulation through financial control or housing interference after a relationship ends,
Emotional; Psychological abuse and,
Digital harassment.
Changes to Family Court Proceedings involving children
Major reforms have also shifted the focus of family proceedings involving children:
End of the "Presumption of Contact",
Prohibition of Cross-Examination: Perpetrators are legally prohibited from cross-examining survivors in person during family or civil court hearings and,
Special Measures: You have a statutory right to "special measures," such as giving evidence via video link or behind screens.
If you have been a victim of domestic abuse from your ex-partner or family member, you can contact our firm to discuss how you can be protected.
Non-Molestation Orders
A Non-Molestation Order is a type of injunction made by the family court which provides protection from contact, intimidation and harassment.
You can seek a Non-Molestation Order to stop your partner from making threats towards you, stalking or intimidating you, coming near your home and instructing others to do the same. If the order is breached, this is a criminal offence, and your abuser could be sanctioned, fined and in some cases, imprisoned.
You can apply for a Non-Molestation Order if your abuser is an ex-partner, family member or someone you have a significant relationship with. The order will usually last for 6 – 12 months and can be reviewed and extended by the Court.
How we can support you
We can support you by assessing your eligibility for legal aid, making the application to Court, attending Court hearings and advising you throughout the process. We can also help signpost you to support services tailored for victims of domestic abuse such as:
Women’s Aid - Birmingham Solihull Women's Aid,
Anawim - Birmingham's Centre for Women, and,
Mankind Initiative - supporting male victims of domestic abuse.
Whether you are seeking legal aid or are paying privately, we can help you by discussing your options. Call us on 0121 643 4121 and ask to speak to our Birmingham Family Team directly.