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Navigating divorce when domestic abuse is involved

Experiencing a divorce is difficult for anyone, but it can be extremely challenging and worrying if you are going through a divorce as someone experiencing domestic abuse.

Navigating divorce when domestic abuse is involved is a daunting task. However, with the correct support from legal professionals, like our matrimonial team, and other support networks including family and friends, the safe navigation of divorce as a victim of domestic abuse is possible.

When dealing with divisive proceedings, our matrimonial team’s experience and knowledge allows them to work closely with clients to ensure they feel well-informed and, most importantly, safe and supported throughout the process.  We offer compassionate guidance and advice as to legal proceedings that involve parties who have been a victim of domestic abuse, and ensure.

What is domestic abuse?

Domestic abuse is an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour and in the majority of cases, is carried out by a partner or ex-partner. Domestic abuse can include, but is not limited to:

  • Coercive control
  • Emotional abuse
  • Physical abuse
  • Sexual abuse
  • Financial abuse
  • Online abuse

While the majority of domestic abuse cases involve female victims and male perpetrators, it is also important to recognise that men can be victims of domestic abuse, including at the hands of female perpetrators. Support services and safeguarding measures should be inclusive of all victims, and this is something that Ward Hadaway strongly support.

Legal protections

When you are going through any divorce, it is essential that you are well-informed, and guided where necessary by legal experts, who are able to  provide you with support that is relevant to your personal case as you move through such a difficult time.

Several legal protections are available in the UK to provide an additional layer of support and protection to victims of domestic abuse. Where court proceedings are present, special measures are accessible for victims of domestic abuse, to avoid distress and discomfort during court attendance.

Non-molestation orders are a form of injunctive relief, used where there is harassment, intimidation or pestering within a domestic setting. Depending on the severity of your case, non-molesation orders can be granted without notice by the court for immediate implementation. This applies when there is an imminent risk of harm, or where warning to the other party could result in retaliation or further danger. A return hearing is then scheduled shortly after this, as an opportunity to consider the contents of the non-molestation order, whether the party intends to dispute it, and so on. Should the court feel that you are not at risk of imminent danger, the hearing will be listed for the attendance of both parties, should they wish, and the no-molestation application will be considered by the court on receipt of both parties’ statements. A non-molestation order can have multiple conditions attached, including using or threatening violence directly or through other persons, contacting via electronic means, coming within a certain distance of residence, and so on; it is tailored to your circumstances.

Where a non-molestation order is breached, the perpetrator can be arrested and punished immediately, and are at risk of a fine, and up to 5 years imprisonment. Where a non-molestation order may not be appropriate, the court can instead order undertakings.

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Support resources

In the UK, there are numerous ways to receive support as a victim of domestic abuse.

Not only can you talk about your concerns with solicitors and your loved ones, but there are also specialist helplines and professional help available to you.

Some support organisations for women experiencing domestic abuse include Women’s Aid, the National Domestic Abuse helpline, Refuge and Rights of Women.

For men, support organisations include Respect – Men’s Advice Line, ManKind Initiative and SurvivorsUK. For LGBTQ+ victims of domestic abuse, support organisations like the National LGBT+ Domestic Abuse helpline is available.

At Ward Hadaway our team also have existing relationships with local support services in our office locations of Birmingham, Leeds, Manchester, Newcastle and Teesside with direct referral arrangements for the benefit of our clients.

In an emergency, always call 999.

Whether you are looking for top tips for divorcing a narcissist or if you are facing the possibility of divorce and financial/domestic abuse, our matrimonial team are here to support you. You are not alone.

Contact us today for a confidential chat.

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    Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

    This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

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