گھریلو تشدد کے لیے حفاظتی منصوبہ بندی اور قانونی علاج
گھریلو تشدد کی صورت میں حفاظتی منصوبہ بندی اور عدالتی احکامات حاصل کرنے کا طریقہ۔
جائزہ
Domestic abuse encompasses physical, emotional, coercive and controlling, economic, and sexual abuse between intimate partners or family members. The Domestic Abuse Act 2021 placed the statutory definition of domestic abuse on a statutory footing for the first time. Survivors have access to powerful legal remedies including non-molestation orders (injunctions) under Part IV of the Family Law Act 1996, occupation orders regulating who can occupy the family home, and Domestic Violence Protection Orders (DVPOs) obtained by the police. Legal aid is available without a means test for those experiencing domestic abuse — income and capital are not assessed. Emergency orders can be obtained without notice to the abuser (ex parte) where there is a risk of significant harm.
یہ عمل کون استعمال کر سکتا ہے
- You are likely eligible to use this guide if your situation involves safety planning and legal remedies for domestic abuse.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
مرحلہ وار عمل
Create a Safety Plan
Before taking legal steps, work with a domestic abuse service (such as Women's Aid, Refuge, or your local IDVA — Independent Domestic Violence Adviser) to create a safety plan. A safety plan identifies: who you can call in an emergency, a safe place to go, essential documents to keep accessible (passport, bank cards, benefit letters, children's documents), what signals to use with neighbours or friends, and how to leave safely if needed. Safety planning is not the same as giving up your home — it is about reducing risk while legal remedies are pursued.
- The 24-hour National Domestic Abuse Helpline is 0808 2000 247 (Refuge)
- Keep important documents and a change of clothes in a bag you can access quickly
- IDVAs are free, specialist advocates who can attend court with you and help with safety planning
- If you are in immediate danger, call 999
Apply for a Non-Molestation Order
A non-molestation order under section 42 of the Family Law Act 1996 prohibits the respondent from molesting you or any relevant child. 'Molestation' includes physical violence, harassment, threats, and intimidation. Applications are made to the Family Court using Form FL401. There is no court fee. Where there is a risk of significant harm, the application can be made ex parte (without the respondent being told in advance) and the order can be granted on the same day.
- Legal aid is available for non-molestation order applications without a means test for domestic abuse survivors
- Breach of a non-molestation order is a criminal offence under section 42A of the Family Law Act 1996 — the police can arrest the respondent
- An ex parte order is temporary and will be followed by a full hearing (usually within 14 days) where the respondent can attend
- The order should be served on the respondent — the court will arrange this if the applicant requests it
Consider an Occupation Order
An occupation order under section 33 or sections 35–38 of the Family Law Act 1996 can require the respondent to leave the family home, prohibit them from returning to it (or a defined area around it), and regulate who may remain in or occupy the property. Occupation orders are more complex than non-molestation orders and their availability depends on the applicant's legal right to occupy the property. The court applies the 'balance of harm' test.
- An occupation order can be obtained alongside a non-molestation order on the same application
- The balance of harm test means the court considers the harm likely to be suffered by the applicant (and children) if the order is not made versus the harm to the respondent if it is
- If there are children, a breach of an occupation order can be a factor in children proceedings
- Occupation orders are usually time-limited but can be renewed
Contact the Police — MARAC and DVPO
Domestic abuse is a criminal matter as well as a civil one. Report incidents to the police who can: arrest the perpetrator for assault, harassment (Protection from Harassment Act 1997), or coercive control (section 76 of the Serious Crime Act 2015). The police can apply for a Domestic Violence Protection Order (DVPO) under sections 24–33 of the Crime and Security Act 2010, which can ban the perpetrator from the property for up to 28 days. High-risk cases are referred to a Multi-Agency Risk Assessment Conference (MARAC), which coordinates responses across police, social services, housing, and other agencies.
- Ask the police whether you have been referred to MARAC — if not and you believe you are at high risk, ask your IDVA to refer you
- A DVPO is obtained by the police (you do not need to apply) and is separate from a Family Court non-molestation order
- Section 76 coercive control carries a maximum sentence of 5 years' imprisonment
- You can report domestic abuse even if you do not want the perpetrator arrested — a crime reference number is useful evidence for civil proceedings
Access Legal Aid and Specialist Support
Legal aid for private family law proceedings (including non-molestation and occupation order applications) is available without means testing where domestic abuse is evidenced under the legal aid regulations. The legal aid provider will require evidence of domestic abuse — this can include a police report or caution, a conviction, a MARAC referral letter, a letter from a healthcare professional, social services records, or a letter from an IDVA or domestic abuse support organisation. You are entitled to free, specialist advice from the outset.
- Contact a legal aid family solicitor — the Law Society's Find a Solicitor tool can locate firms with a legal aid contract for family law
- If you cannot afford a solicitor even with legal aid, the National Centre for Domestic Violence (NCDV) can assist with urgent non-molestation order applications free of charge
- Keep all evidence of abuse — photographs, medical records, police reports, screenshots of messages — in a safe location (not accessible to the abuser)
- Children's services may become involved if children are in the household — this does not automatically mean children will be removed, but early cooperation is important
اخراجات
اہم انتباہات
Do not delay seeking legal advice or a safety plan — domestic abuse escalates. The average survivor experiences 35 incidents before accessing help.
An ex parte non-molestation order does not guarantee your safety — you must call 999 if the order is breached.
Male victims of domestic abuse face the same legal remedies. Call the Men's Advice Line on 0808 801 0327.
Leaving the family home does not automatically prejudice your housing or financial rights — seek legal advice before leaving if you can safely do so.