Increased Domestic Violence in Lockdown – what are the options?

We are now in Lockdown 3 and must ‘stay at home’ save for limited circumstances. One exception is if you have to flee domestic violence and abuse.

Since the first lockdown, figures collated by the Office for National Statistics, show that cases of domestic abuse and demand for domestic abuse services has significantly increased. The government did increase funding for domestic abuse following the start of the first lockdown but with increased demand, services are still stretched, and now that we are in another lockdown, there is growing concern again for those who are potentially trapped at home with their abusers.

The UK government has recently announced the intention to appoint a domestic abuse commissioner. There is also a new initiative for victims of domestic abuse to seek assistance from high street pharmacies – “ask for Ani”, ANI being an acronym for ‘Action Needed Immediately’. Victims of domestic abuse who ask for ‘Ani’ will be taken into a side room and offered support.

What are your other options?

Call the police

For those in immediate danger, you should call the police on 999. The police have many powers to assist those in extreme urgent need.
Many acts of domestic abuse are criminal offences and your abuser could be charged with an offence, and given strict conditions upon release not to contact you (or ask others to do so), or go near you.

Applying for injunctive relief

For those in a cohabiting relationship, whether married or otherwise, you can seek urgent relief from the court in the form of a non molestation order and/or an occupation order.
A non molestation order is usually made preventing an abuser (or encouraging others on their behalf) from using or threatening violence against you, intimidating, harassing, pestering or communicating with you. A non molestation order can also prohibit a person from coming near to you, your home or your place of work.
A non-molestation order can offer vital protection to you from abuse which may not be a criminal offence or in those situations where the police feel there is insufficient evidence to charge an abuser with a criminal offence such as assault or harassment. It is an offence to breach a non molestation order so if your abuser breaches that order, the police have an immediate power to arrest them and charge them with an offence.
An occupation order is another order which you can apply for independently or alongside a non molestation order. It deals with who lives in all or part of a property. It can also require an abuser to leave a property and not come back. The court can also make an order dealing with who should pay the rent or mortgage, as well as maintain the property, and possession of the contents. If you have children, the court will be particularly concerned as to any risk of harm they may be exposed to.
In both cases, orders can last at least 6 months, if not longer.
Applications for injunctive relief are being dealt with by the courts without a hearing, or if there is a hearing, mostly via telephone or by virtual hearings using the court’s own video platform.
You should note that an Occupation Order does not change the ownership rights over a property. You may still need to take steps to resolve your financial claims that arise in relation to your home. A solicitor can help you with this and avoid you having to contact your abuser directly.

Take the opportunity to leave now

Whilst in no way ideal, with the current directive to work from home if possible, you may no longer be tied to your local area. Now may be the time to consider whether you can safely leave your home and move to a safer place away from the domestic abuse, whether it be temporarily whilst you seek to oust your abuser from your home with one of the orders mentioned above, or more permanently, depending on your circumstances.

Please remember that emergency response services such as the police and refuge centres remain operational during this time. If you are at immediate risk of harm in your home, dial 999 in the usual way.

Speak to us in confidence about any of these issues.

For more information, to book an appointment or to speak to one of our team in confidence, please email us or call 01245 221699 (Danbury, Essex) , 01277 286499 (Billericay, Essex) or 01883 343460 (Caterham, Surrey). Further details are on our Contact page . Our expert team has significant experience in dealing with all aspects of domestic violence and abuse and will deal with your situation with sympathy and in confidence.