Domestic Abuse: A Practical Guide in light of COVID-19

Due to the UK lockdown which has been imposed as a result of the coronavirus pandemic, it is anticipated that the number of domestic violence incidents has significantly increased, and will continue to do so. This practical guide aims to assist individuals who experience domestic abuse and provides steps that they need to take in order to obtain protection.

Government Advice:

The Home Secretary Priti Patel, has confirmed that ‘anyone who is at risk of, or experiencing, domestic abuse, is still able to leave and seek refuge. Refuges remain open’.

Terminology:

• Applicant: the person applying for the order (victim of domestic abuse).
• Respondent: the person accused of inflicting domestic abuse.

Non-Molestation Order:

This order prevents a respondent from continuing to commit harassment or violence against the applicant or their children, and can exclude the respondent from a certain area. Breaching the order is a criminal offence.

In order to apply for this order, the applicant must meet certain criteria:

• The respondent must be an ‘associated person’ to the applicant:
  • Spouse/Civil Partner (or former spouse/civil partner),
  • Fiancé/proposed civil partner (or former fiancé/proposed civil partner, if the relationship ended less than 3 years ago),
  • In a relationship for more than 6 months,
  • Close family member (for example, a parent/sibling/grandparent).
  • Child’s parent or shares parental responsibility (also includes adoptive parents).
• Aged 16+ (applicants under the age of 16 need permission from the High Court to apply).

Occupation Order:

This order prevents a respondent from continuing to reside in the family home or live in the surrounding area. Breaching this order is a contempt of court.

In order to apply for this order, the applicant must meet certain criteria:

• The applicant owns or rents the home, which is shared with the respondent.
• The applicant does not own or rent the home but lives in the home, and is married to/in a civil partnership with the respondent, who owns the home.
• The home is/was intended to the be the shared home between the applicant and respondent.
• The respondent is an ‘associated person’:
  • Spouse/Civil Partner (or former spouse/civil partner),
  • Fiancé/proposed civil partner (or former fiancé/proposed civil partner, if the relationship ended less than 3 years ago),
  • In a relationship for more than 6 months,
  • Close family member (for example, a parent/sibling/grandparent).
  • Child’s parent or shares parental responsibility (also includes adoptive parents).
• Aged 16+ (applicants under the age of 16 need permission from the High Court to apply).

Application Process for Both Orders:

Application Forms:

As per the Government Guidance issued on 3/4/20 (available at: (https://www.gov.uk/guidance/applying-for-a-domestic-violence-family-law-act-injunction-for-unrepresented-applicants) individuals need to take a number of steps in order to obtain an order:

• Complete an application form (Form FL401) online (available at: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order),
• Provide a witness statement (see below for the advice on the appropriate contents),
• Email the application to the applicant’s nearest court (check if the local court is open at: https://www.gov.uk/guidance/courts-and-tribunals-tracker-list-during-coronavirus-outbreak),
• If the applicant wants to keep their contact details secret, complete form C8 (available at: https://www.gov.uk/government/publications/form-c8-confidential-contact-details-family-procedure-rules-2010-rule-291).
• Email the application form to the relevant family enquiry email address and mark it urgent.
  • State in the email if a telephone/video hearing is unsuitable because for example, the applicant lives with the respondent.
  • No fee is payable.

Content of the Witness Statement:

• What order(s) the applicant would like the court to make.
• Why the applicant wants an order (explain how the respondent has behaved and why protection is needed).
• If the applicant wants the court to make an order without notice (the respondent is unaware of the application), the applicant must explain why.
• Applicant must sign and date the statement.
• Statement includes a statement of truth: ‘I believe the facts stated in this application are true’.
• The National Centre for Domestic Violence provides a service for individuals applying for Non-Molestation Orders and Occupation Orders and helps prepare witness statements.

Hearing:

• The hearing will likely take place as a telephone hearing but could take place on paper (the judge will consider the application form and witness statement), if the respondent is in the same property as the applicant.
• The order will be sent to the applicant, respondent and the local police force.

Practical Advice:

• Keep phone accessible and fully charged at all time.
• Keep some cash/money available and a bag packed.
• If safe to do so, inform trusted relatives and neighbours about the situation, who can make ‘check-in calls’.
• Use codewords with children, relatives and neighbours.
• Online forms: if individuals are unable to call the Helplines, visit the organisations’ websites (links below) where individuals can complete a contact form and many organisations will call the individuals back at a safe time.
• Safeguard devices: if devices are being monitored, organisations such as Refuge provide guides for how individuals can safeguard their devices.

Refuges:

• Call Refuge’s helpline (0808 2000 246) to arrange refuge accommodation.
• Search the Women’s Aid’s Domestic Abuse Directory to find available space in local refuges.

Contact numbers for Domestic Abuse Organisations:

Emergency:

• 999 (if individuals cannot speak, on a mobile: press 55 for the ‘silent solution’ system – the call transferred to police force as an emergency. Landline: individuals should stay on the line and an operator will connect the call to a police call handler).

24 hour helplines:

• Women’s Aid: 0808 200 0247
• Refuge: 0808 200 0247
• Victim Support: 0808 16 89 111 

LGBT+ applicants:

• National LGBT+ Domestic Abuse: 0800 999 5428

Male applicants:

• Man Kind Initiative: 01823 334244
• The Men’s Advice Line: 0808 801 0327

Under 25s:

• The Mix: 0808 808 4994

Emergency housing:

• Shelter: 0808 800 4444

Other:

• The National Centre for Domestic Violence: 0800 970 2070
• Rape Crisis: 0808 802 9999

Written by Barristers:

Ms Freya Rowe

Ms Sarah Cooper

Ms India Flanagan

Thomas More Chambers

7 Lincoln's Inn Fields

London

WC2A 3BP