Insight > Divorce and family FAQs > How can I protect myself if I am a victim or victim-survivor of domestic abuse?
How can I protect myself if I am a victim or victim-survivor of domestic abuse?
There are several legal routes available to protect yourself if you are a victim of domestic abuse.
Contacting the police
- If you are in immediate danger, you should always call the emergency services (999).
- If a criminal offence has been committed (for example assault, rape, harassment, or the specific criminal offence of "controlling or coercive behaviour in an intimate or family relationship") which means that a criminal prosecution can be pursued in the criminal courts.
- Domestic Violence Protection Notices/Orders enable the police and courts to provide protection to victims in the immediate aftermath of a domestic abuse incident. They give protection for up to 28 days in the first instance to give victims time to make decisions about their options.
Help from the family courts and a family law solicitor
- Injunctive protections from the family courts can be obtained. These are called "non-molestation orders" and "occupation orders".(see 'what is a non-molestation order?' and 'what is an occupation order?')
Help from the civil court
Other civil protections or claims include:
- Laws designed to deal with harassment or stalking (namely, the Protection from Harassment Act 1997) can cover a wide range of behaviour and, although not initially designed with the domestic sphere in mind, can nonetheless allow a victim to bring civil proceedings in which they can seek a "non-harassment order" and/or damages.
- Misuse of private information claims, which cover a wide range of situations outside of the domestic sphere where a person has reasonable expectations of privacy. These civil protections can also apply in a domestic context where, for example, a partner has accessed their partner's private messages or emails or is misusing information about their sex life.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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