Domestic violence is a very serious and, unfortunately, prevalent issue in today’s society. Anyone can become a victim regardless of age, sex, race or religion, and the aftereffects of experiencing something like this can be devastating.
However, more support options are appearing, enabling victims to reach out for help when they need it. Seeking the aid of a qualified solicitor like Wayman & Long can also provide emotional support, legal protection and guidance for anyone currently suffering due to abuse.
There are several types of domestic violence. Despite common misconceptions, someone can be experiencing abuse even if they are not being physically harmed.
One form of domestic violence is physical abuse, this includes hitting, punching and kicking, as well as any other act that causes physical harm to another person.
Acts of violence can be categorised as common assault (threatening behaviour or minor violence), actual bodily harm (some injury is incurred to the victim), or grievous bodily harm (inflicting more serious impairments such as broken bones).
Sentences can range from no prison time to life imprisonment depending on the circumstances and severity. Domestic violence crimes are often punished more severely than regular assault cases as they have a much larger psychological impact. Victims can also receive financial compensation for their suffering, with the exact amount reflecting the level of violence committed against them.
Domestic abuse can appear in emotional and psychological forms as well, something which is often overlooked. It wasn’t until as recently as 2015 that emotional abuse was punishable by law, labelled as coercive control.
This covers the constant monitoring of the victim (including internet access, social communication, finances, etc), threats, controlling what they do and wear, as well as many other behaviours. Abuse in this form should not go unpunished as it often leads to feelings of isolation, anxiety and self-esteem issues for the sufferer.
Sexual abuse is also unfortunately a common occurrence in abusive situations. This type of behaviour covers any non-consensual sexual activities such as rape or unwanted touching.
In the past, incidents between married couples were not recognised as a crime by the law. However, this has since changed and it is now a very recognisable criminal offence regardless of marital status.
Lastly, controlling the finances of another person is seen as abusive behaviour. This includes restricting money that the victim has access to at any given time, overseeing all purchases, not permitting them to work, and other actions.
Not only does it take away the victim’s independence, but also their freedom as it is much harder to escape an unhealthy environment without sufficient funds for food, transport, and temporary lodging.
It is important to know the many forms of abuse that can take place, in order to recognise the signs early on. The above is not an extensive list, so we encourage people to not hesitate in reaching out to the Domestic Abuse 24/7 line if they suspect that their partner or household member is mistreating them.
Should the matter then progress into legal action, here at Wayman & Long we promise to take every case seriously and prioritise the safety of our clients over everything else, giving them peace of mind throughout the legal process.
There are two main legal routes for domestic violence cases: through the criminal law courts and through civil law courts. Civil law courts focus on the protection of the victim and compensation. Meanwhile, the criminal law system route aims to punish the offender and the case will be heard at either the Magistrates’ Court or the Crown Court depending on the severity of the offence.
Many people suffering from domestic abuse choose to take their situation to a civil or family court in order to obtain protection and prevent further harm to themselves. The judge can grant the victim a non-molestation order which prevents the abuser from harassing, threatening, or even contacting them and typically lasts for 6 to 12 months.
Not adhering to this can result in criminal charges of up to 5 years imprisonment. Although non-molestation orders are not extremely difficult to obtain as they don’t require as much evidence compared to a trial in the criminal courts, it is recommended to reach out to an experienced solicitor such as Wayman & Long for help with filing the claim and provide support during the process.
A victim can also request a prohibitive steps order if they believe their children are in danger, banning the other parent from taking the children away. Occupation orders can also be granted through family or civil courts; these prevent the abuser from living in or entering the victim’s property.
There are also other protective measures that can be applied for through court so it is important to talk through all of the options with a solicitor as each unique case requires handling differently.
Taking the case to criminal courts can also grant protection in the form of a restraining order. Similarly to a non-molestation order, this also prohibits the perpetrator from engaging in contact with the sufferer but can only be issued against someone accused of a criminal offence.
However, restraining orders can still be passed whether the criminal is convicted or acquitted as long as there is sufficient evidence that the victim is at risk of harm. This route can also lead to punishment for the abuser, with the length of the prison sentence depending on the severity of the abuse.
Fortunately, there are several resources to support those suffering from domestic violence. It must be mentioned that, if you or anyone that you know is in immediate danger, you should dial 999 so that the emergency services can send help.
However, if there is no imminent risk of harm then there are several sites online such as Women’s Aid which provide further information. The National Domestic Abuse Helpline is also free to call for advice 24-hours a day and offers confidential assistance.
After these initial steps, we encourage all victims of abuse to contact a solicitor so that they can access a more permanent protection solution and achieve justice for their suffering.
Here at Wayman & Long, we understand the emotional trauma involved in delicate cases such as domestic violence and how scary it can be to reach out for help. This is why we focus on providing mental support in addition to legal guidance.
Our experienced solicitors are willing to fight for the protection of our clients in court so that they no longer need to worry for their safety at the hands of their abuser. We are also committed to obtaining compensation, financial or otherwise, for our clients as justice for what they have suffered.
Wayman & Long solicitors strive to produce a favourable outcome of an unpleasant situation so that our clients are able to move on knowing that a solution has been reached.
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