There is a welcome focus currently, nationally and globally, on what we can do together to tackle domestic abuse and support its victims.
Resolution, the campaigning body in family law of which we are a member, published a report in October 2024 calling for a cultural shift across the whole family justice system in this country to support victim-survivors of domestic abuse seeking to resolve their finances on divorce.
Some 80% of more than 500 family justice professionals in England and Wales questioned felt domestic abuse was not sufficiently taken into account by the court when making decisions in financial remedies cases.
This highlights an overwhelming professional concern, says Resolution, that the long-term impact of domestic abuse is not sufficiently considered in financial proceedings between separating couples and parents. Belderbos Solicitors supports this campaign and we back the call to action to improve a system that often leads to unfair outcomes for some victim-survivors of domestic abuse.
We see a global focus on domestic abuse from 25 November, with the 16 Days of Activism against Gender-Based Violence. This is an annual international campaign that kicks off on 25 November, the International Day for the Elimination of Violence against Women, and runs until 10 December, Human Rights Day. This year's campaign calls on governments worldwide to share how they are investing in gender-based violence prevention.
How many of us suffer domestic abuse?
Domestic abuse is, unfortunately, all too common. Both genders experience domestic abuse, but women are more likely to experience it. Statistics show:
- One in four women and one in seven men will experience domestic abuse in their lifetimes.
- Police record a domestic abuse offence approximately every 40 seconds.
- Only 18.9% of people who had experienced partner abuse in the last 12 months actually reported the abuse to the police.
Nationally and internationally, domestic abuse is in the spotlight at the moment because it remains an all too common issue for many people
What is Domestic Abuse?
The UK government’s definition of domestic violence is:
‘any incident or pattern of incidents of controlling, coercive, 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. The abuse can encompass, but is not limited to psychological, physical, sexual, financial, emotional.’
Domestic abuse is probably most commonly associated with physical harm by one partner against the other. However, not all abuse is physical. It can also include:
- Threats and intimidation
- Isolating a partner from friends and family
- Controlling finances i.e. limiting how much money a partner has, or how they can spend it
- Controlling or checking use of phones/social media
- Coercive control and ‘gaslighting’
- Economic abuse
- Online abuse
Who is affected by domestic abuse? As the gov.uk website on domestic abuse makes clear:
‘anyone can be a victim of domestic abuse, regardless of gender, age, ethnicity, religion, socio-economic status, sexuality or background’.
A Princess’s story of abuse
Any of us can fall victim to domestic abuse. This is certainly true if the recent case involving Her Royal Highness Princess Haya bint Al Hussein is anything to go by. Princess Haya is the daughter of the late King Hussein of Jordan and half-sister of present ruler of Jordan, King Abdullah II, and His Highness Sheikh Mohammed bin Rashid Al Maktoum, the ruler of the Emirate of Dubai.
She applied for a Non-Molestation Order to prevent her ex-husband, Sheikh Mohammed, from buying land near to her home which she thought he was doing in an attempt to try and abduct their children. A court heard that Sheikh Mohammed, had previously been responsible for the capture and forced removal of his two older daughters, Shamsa and Latifa, and he had waged a campaign of harassment and intimidation against Princess Haya.
As a result of his behaviour, a Non-Molestation Order was granted to protect the Princess. This was extended after the Princess found out that her ex-husband was planning to buy up land around her country estate in Berkshire. She was concerned that he was doing so to spy on her and ultimately abduct her two children to Dubai. She was ultimately granted a Non-Molestation Order worthy of the super-rich, preventing her ex-husband from buying land or property next to her country estate and entering airspace above her estate.
The above is clearly very different to the situations and requirements of most people. However, it does show that domestic abuse affects people regardless of wealth and social status.
Protection from domestic abuse
Many kinds of domestic abuse are criminal offences and the police can arrest, caution or charge the perpetrator. Most police stations have Domestic Violence Units or Community Safety Units with specially trained officers to deal with domestic violence and abuse. Details of how the police can help you if you’re a victim of domestic abuse can be found here - Domestic abuse | Police.uk
However, going through the police isn’t always the most appropriate option. That is clear from the Princess’s case, in which the Police would not have had sufficient powers to provide the protection she needed. Therefore, if the Police route is not suitable, the Family Courts can assist by way of an injunction. There are two types of injunction available:
- Non-Molestation Order
- Occupation Order
Non-Molestation Order
This is an order to stop a partner or former partner, or other family member, from ‘molesting’ the other person. It not only includes violence, but also intimidating, harassing or pestering behaviour. As we hear in the Princess’s case, an order can contain very specific provisions depending on the particular type of harassment that’s happening.
Non-molestation orders can be very useful because they have a very wide remit in terms of what they can prevent the perpetrator from doing. With Sheikh Mohammed, it was to stop him flying helicopters onto his ex-wife’s estate so that he couldn’t abduct their children. However, in most people’s cases it will be to stop the other person from threatening, intimidating or harassing the other person.
Helpfully, and unlike most family law orders, when a non-molestation order is breached, it can be reported to the Police, who can then arrest the perpetrator immediately. If there is sufficient evidence, the case could then be dealt with through the Criminal Courts.
Non-molestation orders typically last for 6 – 12 months.
Occupation Order
When a couple are living together and there’s domestic abuse, it is possible for the victim to apply to the Court for their partner/former partner to have to leave the home to remove the risk of further harm or abuse. This kind of Order is called an occupation order.
In addition to the occupation order forcing the perpetrator to move out of the property, such orders can also exclude the perpetrator from an area around the property and in some instances this can be a very large area.
Of course, the family home is usually the central asset of the family. Therefore occupation orders do not transfer ownership or entitlement to the home. Instead, the aim of these orders are to provide ‘breathing space’ for the couple and therefore generally have a duration of 6-12 months. The idea being that during that time the parties, with the assistance of their lawyers, can agree a division of the assets, including the home, and the parties move on with their lives.
In conclusion
Do not suffer in silence. The police and the family law courts provide protections for victims of domestic abuse. There is a focus on domestic abuse currently because it remains a serious problem for so many. As we see from our Princess’s story, anyone can fall victim.
At Belderbos Solicitors we specialise exclusively in Family Law and can therefore provide expert advice to assist and protect you if you are a victim of domestic abuse. Please contact us here.
