Domestic Violence and the Law

One incident of domestic violence is reported to the police every minute. On average, two women a week are killed by a current or former male partner. Domestic violence also affects one in six men. In Doncaster alone there were 9200 reported incidents to police in 2013/ 2014.

Domestic violence is defined as "Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality” (Home Office definition).

The definition was altered in 2013 to include 16 and 17 year olds and also coercive and controlling behaviour. Therefore there no longer needs to be just physical violence or threat of violence anymore.  

Domestic violence can be dealt with either under criminal law and/or civil law.

Domestic violence is not presently a specific criminal offence. There are however a number of possible offences for which perpetrators could be prosecuted depending on the specific acts, ranging from murder, rape and manslaughter through to assault, harassment and threatening behaviour.

With a change in the definition of Domestic violence in 2013, it would seem appropriate to also change the law.  In December 2014 Theresa May the Home Secretary confirmed that a new offence would be legislated making it an offence to use coercive and controlling behaviour. The offence will carry up to 5 years imprisonment and a fine.  This offence will first need to be drafted before it comes into force.

You may also be able to apply for an injunction against the perpetrator under civil law. There are 2 main types of injunctions.

• A non-molestation – this order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children. A breach of a non-molestation order is now a criminal offence.
• An occupation order – this restricts who can live in the family home. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you can also apply for an occupation order. It is usually a short-term measure, in many cases an order will last for 6 or 12 months and some can be renewed.

If you are suffering from Domestic Violence and wish to seek legal advice and further information about the above injunctions, please contact our professional and friendly Family Law team on 01302 327 257.