Domestic Abuse Types

1st May 2020

Domestic Abuse Types: Stay Informed

Today, we will be discussing Domestic Abuse types. While there isn’t a legal definition for domestic abuse, the Government defines it as:

“Any incident or pattern of incidents of controlling, coercive, or threatening behaviour, violence, or abuse between individuals aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality.”

Domestic abuse can include, but is not limited to, the following types:

  • Psychological abuse
  • Physical abuse
  • Sexual abuse
  • Financial abuse
  • Emotional abuse

Controlling Behaviour

Controlling behaviour involves:

  • A range of actions intended to make a person subordinate or dependent by isolating them from sources of support.
  • Exploiting the individual’s resources and capacities for personal gain.
  • Depriving them of the means needed for independence, resistance, and escape, and regulating their everyday behaviour.

Coercive Behaviour

Coercive behaviour includes:

  • Acts or patterns of acts involving assault, threats, humiliation, intimidation, or other abuse meant to harm, punish, or frighten the victim.

This definition, though not legally binding, encompasses:

  • So-called ‘honour’ based violence
  • Female genital mutilation (FGM)
  • Forced marriage

It is important to note that victims of coercive behaviour are not limited to any specific gender or ethnic group.

Seeking Legal Protection

If domestic abuse incidents occur, seeking court protection may be appropriate. You can apply for a Non-Molestation Order and/or an Occupation Order under the Family Law Act 1996 (FLA 1996).

Non-Molestation Orders

A Non-Molestation Order protects family members, including children or those in a domestic relationship, from violence or other forms of molestation by someone they are associated with.

This order can:

  • Prohibit the person from using or threatening violence against you or your child(ren)
  • Prevent them from intimidating, harassing, or pestering you

The order can include specific provisions based on the particular type of harassment you are experiencing.

Associated persons include:

  • Former and current spouses
  • Civil partners and cohabitants
  • Fiancés, relatives
  • People living in the same household
  • Parents of children
  • Individuals who have been in intimate personal relationships of significant duration

Occupation Orders

An Occupation Order determines who can live in the family home or certain parts of it. It can also restrict someone from entering the area surrounding the home. This order does not affect each person’s financial interest in the home, simply who can live in it.

An Occupation Order can:

  • Require the Respondent to move out of the home or stay away from it
  • Mandate that the Respondent maintain a certain distance from the home
  • Specify times when the Respondent must stay in certain parts of the home (e.g., sleep in a different bedroom)
  • Allow you back into the home if the Respondent has locked you out
  • Require the Respondent to continue paying the mortgage, rent, or bills

How Burtons Can Help

Our Family Department offers advice and assistance regarding all Domestic Abuse types and the Orders available. Contact us at 01892 824 577 or at fill out our online contact form here.