Despite the
greater awareness of domestic abuse in the past few decades, there are still
millions of victims every single year in the UK. In the year ending 2018, the
National Office of Statistics estimated that two million adults
aged between 16
and 59 suffered domestic abuse the year previously. The percentage of
convictions now stands as high as 76% thanks to the efforts of the police, the
law, and an additional willingness of victims to come forward.
If you are a
victim of domestic abuse you should consider hiring a family law solicitor as
soon as possible - here are five benefits to doing so:
Family Law Specialists Act Fast
When someone
is experiencing domestic abuse, their first concern is obviously isolating
themselves from the perpetrator of the domestic abuse. If they have children
then this priority becomes even more urgent.
In this
situation the first thing that a family lawyer will do is issue something
called a non molestation court order. This civil court order immediately
removes the victim from danger by issuing an occupation order that prevents the
perpetrator of domestic violence from living in their home for a period of
time. Breaching a non-molestation order is now a criminal offence.
The primary
weapon of a family law solicitor when fighting domestic abuse is the Family Law
Act 1996. This is a piece of legislation that gives victims of domestic abuse
protection from violence, and can be put in place quickly without the
perpetrator of the violence knowing.
Helping Find Support And Assistance
from Family Law Lawyers
Taking the
decision to contact a family lawyer is more than just a legal step - they offer
much more than that. Family lawyers are experts in the field of domestic abuse
and all that comes with it, not just the law. They are able to offer excellent
advice and put the victim in contact with various organisations and people that
can help their plight. A victim of domestic violence could also be entitled to
free legal assistance from the state if particular criteria set by the Legal Aid Agency
is met. If the victim
or their children have been victims of either domestic violence, emotional
abuse or financial control, they can claim legal aid providing that they can
provide evidence of this (usually from the courts, the police or social
services). A family law lawyer is able to help you through this process by
giving advice, confirming documents and reviewing your particular
circumstances.
A family
lawyer can also help you with practical considerations such as housing, support
from domestic violence charities and the community.
Validate Victim’s Reasons For Acting
There are
many different types of domestic abuse: physical violence, sexual violence,
economic abuse, psychological abuse or emotional abuse. Each one is very
serious but the victim may find it hard to remove themselves from the toxic
situation for multiple reasons. Often the victim is so ground down emotionally
that they are either ignorant of the abuse or lack the will to leave their
abuser.
There is
however a popular misconception about domestic abuse that the the victim is not
determined enough leave - the fact of the matter is that it’s rarely that
simple. Choosing to finally remove one’s self from an abusive situation is
usually a series of actions - often
including giving their abuser multiple chances because they love them. This is
why people who finally leave an abusive relationship often make several
attempts beforehand to leave beforehand.
By seeking
the help of a family law solicitor, the domestic abuse victim is taking the
next step on a journey to solving the terrible situation that they are in. A
family law solicitor becoming involved in their situation is an acknowledgement
of how serious it is while providing validation for the stages that they have
taken so far.
Family Law Solicitors Provide
Emotional Support
When a
victim of domestic violence is trying muster up the effort to leave the
perpetrator, it can sometimes feel like that they are alone in the world.
Though there are many worthy charities and organisations that provide that
emotional support and advice, the legal world in contrast can seem very
isolating. Fortunately, a good family lawyer can provide emotional support
during legal proceedings while utilising their years of experience in this
situation to make the process as simple and easy as possible. Speaking with
sensitivity and years of knowledge, a family law solicitor is just the person a
victim needs at their back. They can use the experience of helping many other
people in this situation to give them that helping hand when facing off against
an abuser in a court or legal environment for example.
Pressing Charges Using Domestic Law
If someone
commits domestic violence they deserve to be prosecuted, and if the crime is
sufficient, be sent to jail. The charge of domestic abuse commonly requires
medical evidence and the victim needs to go to court to testify.
Jail serves
four different possible purposes, each potentially applicable to the abuser.
- Incapacitation
-
Locking up the abuser prevents them from physically being able to commit the
crime again by incarcerating them.
- Deterrence
- Putting someone in prison is usually an
unpleasant experience, so being incarcerated serves as a deterrence against the
abuser doing it again.
- Rehabilitation -
Jail can arguably seen as a method of rehabilitation too, with staff
being able to give counselling to who the abuser broke the law, hopefully
stopping them from doing it again once released.
- Retribution
-
Jail can also be seen as retribution for the crimes that a person has
committed, though many people see this as backward looking in this day and age.
Pressing
charges in cases of domestic abuse is the moral thing to do. Hiring a family
law solicitor can help achieve this end.
Will Somebody Think Of The Children?
As awful as
being the victim in an abusive relationship is, the damage caused to children
growing up in such a toxic environment is probably worse.
Ensuring
that a person’s child is in a nice and safe environment should be the priority
for everyone. If the victim is scared that if they move out of the family home,
the abuser may still have access to the child, then a residence order can sort
this out. A residence order decides where children will live and a contact
order dictates who the children should spend time with. Residence orders are
now called child arrangement orders in Court, and are still referred to as
residence orders and contact orders by some.
Though not
restricted to domestic abuse cases, in such a toxic situation the victim may
understandably be concerned that the other parent might leave the area with
their children or even effectively kidnap them. In events such as this a
Prohibited Steps Order can be granted by a court to stop a parent from making
journeys or doing certain events with shared children without the permission of
the other parent.
We are Hawley & Rodgers
Hawley &
Rodgers have been experts in family law since the 1930s and are proud to offer
unparalleled expertise and knowledge to help you navigate the trickiest of
legal situations. We specialise in family, children, wills, probate, property
and commercial law, and consider it our mission to offer you effective advice
and an excellent outcome to any legal problem.
If you
require legal representation and live in Nottingham or the surrounding area,
send us an email via enquiries@hawleyandrodgers.com
or telephone one of our Hawley and
Rogers’ local offices in Nottingham, Loughborough,
Bingham, Stapleford and Long Eaton.
