Domestic Violence

The law relating to domestic violence has changed vastly since its introduction and with the amendments to the category of -associated persons' protection from domestic violence can be obtained against more people at present. The protection from domestic violence can be obtained under the Family Law Act 1996, and also under the Protection from Harassment Act 1997.

At present the victim needs to phone the police who would attend at the premises of the victim and would remove the abuser from the property, and the police could impose bail conditions, if the incident of abuse is serious. Bail conditions could include not to go back to the property, and or not to go within a certain area where the victim's property is situated. If the incident is not serious the abuser could be warned or cautioned, and also could be asked to move out of the property.


The above protection does not work in all family law domestic violence cases. In several instances it has been reported by the victims that the abusers do turn up at the property, and cause further domestic abuse, or attempt to enter the property forcibly. When the abuser comes to know that the victim is on the phone to the police, the abuser would leave the property. If these happens regularly the victims feel frustrated, and feel being let down by the legal system, which is meant to protect them.

Even when the victims obtain an injunction from the courts, there can be difficulties in serving these orders on the abusers because in most cases the abusers do not disclose their current address, or they do not have a permanent place at which they live after being removed by the police.

When the police remove the abusers from the property they do not obtain the abusers addresses or likely places where the abusers could be staying, which could be passed on to the victim so that when a court order is obtained it could be served on the abusers at the given address(s). The police can arrest the abuser if there is a breach of the court order, and will have to produce the abuser at court within 24 hours of arrest; however, the police will not arrest the abuser if the court order is not served on the abuser.

On the other hand the alleged abusers could be evicted from the property on false/weak allegations of abuse by the victims. There are instances where the allegations of abuse were not upheld by the court at fact finding hearings, or at contested hearings in relation to the non-molestation applications. In these occasions there is clear injustice to the alleged abusers. Court proceedings in these applications will not be concluded speedily, the final outcome could be several months after the allegations are made, and applications are filed with the court by a family solicitor. Until the conclusion of these proceedings the alleged abusers could be deprived of use of their home, would be kept away from their children, cause a lot of disruption to their daily life. Domestic violence is something that no one would want to experience. Being in an unsafe environment, with the thought of not being able to get help makes this situation even more unnerving. Duncan Lewis solicitors handles all areas of family law and has a large team of family lawyers ready to help you with domestic violence, and other areas of family law including divorce. Should you have any queries, please do not hesitate to visit our website for more information about domestic violence or contact our new client team on 020 79230 4020.

Duncan Lewis one of the UK's fastest growing firms of solicitors, servicing both corporate entities and private individuals. The author is an experienced writer with expertise in writing about somekeyword, somekeyword, somekeyword.