The law concerning domestic violence was updated on 1st January 2019 when the Domestic Violence Act 2018 came into force. What remedies are there for victims of domestic abuse?
Let’s take a look.
Safety order
Firstly, section 6 of the Domestic Violence Act 2018 provides for a safety order.
6. (1) (a) In this section—
“applicant” means a person (other than the Agency) who has applied, or a person on whose behalf the Agency has applied by virtue of section 11, for a safety order against another person (in this section referred to as “the respondent”) and the person so applying or on whose behalf the Agency has so applied—
(i) is the spouse of the respondent,
(ii) is the civil partner of the respondent,
(iii) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship, but was in an intimate relationship with the respondent prior to the application for the safety order,
(iv) is a parent of the respondent and the respondent is of full age and is not, in relation to the parent, a dependent person,
(v) being of full age, resides with the respondent in a relationship the basis of which is not primarily contractual, or
(vi) is a parent of a child whose other parent is the respondent;
“kindred”, in relation to two or more persons, means the relationship of each of those persons to the other person or to the rest of those persons by blood, adoption, marriage or civil partnership.
(b) For the purposes of paragraph (a)(v), in deciding whether or not a person is residing with another person in a relationship the basis of which is not primarily contractual, the court shall have regard to—
(i) the length of time those persons are residing together,
(ii) the nature of any duties performed by either person for the other person or any kindred person of that other person,
(iii) the absence of any profit or of any significant profit made by either person from any monetary or other consideration given by the other person in respect of residing at the place concerned, and
(iv) any other matters the court considers appropriate in the circumstances.
(2) Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person so requires, it shall, subject to section 12 , by order (in this Act referred to as a “safety order”) prohibit the respondent to the application from doing one or more of the following:
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person;
(b) if he or she is residing at a place other than the place where the applicant or that dependent person resides, watching or besetting a place where the applicant or the dependent person resides;
(c) following or communicating (including by electronic means) with the applicant or the dependent person.
(3) A safety order may be subject to such exceptions and conditions as the court may specify.
(4) Subject to subsection (5) and section 21 , a safety order made by the District Court or by the Circuit Court on appeal from the District Court shall expire 5 years after the date of the making of the order or on the expiration of such shorter period as the court may provide for in the order.
(5) On or before the expiration of a safety order to which subsection (4) relates, a further safety order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of 5 years or such shorter period as the court may provide for in the order which further order shall take effect from the date of expiration of the first-mentioned order.
(6) On or before the expiration of a safety order, other than a safety order to which subsection (4) relates, a further safety order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of 5 years or such shorter period as the court may provide for in the order and that further safety order shall take effect from the date of expiration of the first-mentioned order.
(7) The court shall not, on an application for a barring order, make a safety order unless there is also an application for a safety order before the court concerning the same matter.
(8) Where a safety order has been made, any of the following persons may apply to have the order varied:
(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11—
(i) the Agency,
(ii) the person referred to in subsection (1)(c) of that section, or
(iii) the respondent to that application;
(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 —
(i) the Agency,
(ii) the applicant for the order, or
(iii) the respondent to that application;
(c) in any other case—
(i) the applicant for the order, or
(ii) the respondent to the application for that order.
(9) The court may, upon hearing an application under subsection (8), make such order varying the safety order as it considers appropriate in the circumstances.
(10) For the purposes of making an application under subsection (8), a safety order made by a court on appeal from another court shall be treated as if it had been made by that other court.
You will note that a safety order does not oblige the violent person to leave the home but is an order from the court to the respondent to cease using violence or threats of violence. It also prohibits the respondent from watching the victim or following or communicationg with them.
A safety order can last up to 5 years and can be applied for by
-spouses and civil partners
-parents with a child in common
-partners in an intimate relationship and dating partners
-parents of an abusive child
-people living together
-former partners
Barring order
Section 7 of the Domestic Violence Act 2018 makes provision for a barring order.
7. (1) In this section “applicant” means a person (other than the Agency) who has applied, or a person on whose behalf the Agency has applied by virtue of section 11 , for a barring order against another person (in this section referred to as “the respondent”) and the person so applying or on whose behalf the Agency has so applied—
(a) is the spouse of the respondent,
(b) is the civil partner of the respondent,
(c) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship but lived with the respondent in an intimate relationship prior to the application for the barring order, or
(d) is a parent of the respondent and the respondent is a person of full age who is not, in relation to the parent, a dependent person.
(2) (a) Where the court, on application to it, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15 (2) relates, that there are reasonable grounds for believing that the safety or welfare of the applicant or a dependent person so requires, it shall, subject to section 12, by order (in this Act referred to as a “barring order”)—
(i) direct the respondent, if residing at a place where the applicant or the dependent person resides, to leave the place, and
(ii) whether the respondent is or is not residing at a place where the applicant or the dependent person resides, prohibit the respondent from entering the place until further order of the court or until such other time as the court shall specify.
(b) In deciding whether or not to make a barring order the court shall have regard to the safety and welfare of any dependent person in respect of whom the respondent is a parent or in loco parentis, where the dependent person is residing at the place to which the order, if made, would relate.
(3) A barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following:
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person;
(b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides;
(c) following or communicating (including by electronic means) with the applicant or a dependent person.
(4) A barring order may be subject to such exceptions and conditions as the court may specify.
(5) For the purposes of subsections (2) and (3) an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place.
(6) (a) In respect of a person who is an applicant by virtue of paragraph (c) or (d) of subsection (1), the court shall not make a barring order in respect of the place where the applicant or dependent person resides where the respondent has a legal or beneficial interest in that place and—
(i) the applicant has no legal or beneficial interest, or
(ii) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent.
(b) Where in proceedings to which this section applies the applicant states the belief, in respect of the place to which paragraph (a) relates, that he or she has a legal or beneficial interest in that place which is not less than that of the respondent, then that belief shall be admissible in evidence.
(7) Without prejudice to section 32 , nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section.
(8) A barring order, if made by the District Court, or by the Circuit Court on appeal from the District Court, shall, subject to subsection (9) and section 21 , expire three years after the date of its making or on the expiration of such shorter period as the court may provide for in the order.
(9) On or before the expiration of a barring order to which subsection (8) relates, a further barring order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of three years or such shorter period as the court may provide for in the order and that further barring order shall take effect from the expiration of the first-mentioned order.
(10) On or before the expiration of a barring order, other than a barring order to which subsection (8) relates, a further barring order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of three years or such shorter period as the court may provide for in the order and that further barring order shall take effect from the date of expiration of the first-mentioned order.
(11) The court shall not, on an application for a safety order, make a barring order unless there is also an application for a barring order before the court concerning the same matter.
(12) Where a barring order has been made, any of the following may apply to have the order varied:
(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 —
(i) the Agency,
(ii) the person referred to in subsection (1)(c) of that section, or
(iii) the respondent to that application;
(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 —
(i) the Agency,
(ii) the applicant for the order, or
(iii) the respondent to that application;
(c) in any other case—
(i) the applicant for the order, or
(ii) the respondent to the application for that order.
(13) The court may, upon hearing an application under subsection (12), make such order varying the barring order as it considers appropriate in the circumstances.
(14) For the purposes of making an application under subsection (12), a barring order made by a court on appeal from another court shall be treated as if it had been made by that other court.
A barring order puts the offender out of the home and prohibits them from entering it. A barring order can last up to 3 years.
It also prohibits following or communicating (including electronically), watching or being near the home in question, violence or threats of violence.
Parents, spouses and civil partners, and cohabitants living in an intimate relationship can apply for a barring order.
Interim barring order
An interim barring order is a temporary order pending the hearing of the full application for a barring order. Section 8 is the relevant section of the Domestic Violence Act 2018
8. (1) Where the court, on application to it for a barring order or between the making of that application and its determination, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15 (2) relates, that there are reasonable grounds for believing—
(a) there is an immediate risk of significant harm to the applicant or a dependent person, and
(b) the making of a protection order would not be sufficient to protect the applicant or a dependent person,
the court shall, subject to section 12 , by order (in this Act referred to as an “interim barring order”)—
(i) direct the respondent, if residing at a place where the applicant or the dependent person resides, to leave the place, and
(ii) whether the respondent is or is not residing at a place where the applicant or the dependent person resides, prohibit that respondent from entering the place until further order of the court or until such other time as the court shall specify.
(2) An interim barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following:
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person;
(b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides;
(c) following or communicating (including by electronic means) with the applicant or a dependent person.
(3) An interim barring order may be made subject to such exceptions and conditions as the court may specify.
(4) For the purposes of subsections (1) and (2), an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place.
(5) (a) In respect of a person who is an applicant by virtue of paragraph (c) or (d) of subsection (1) of section 7 , the court shall not make an interim barring order in respect of the place where the applicant or dependent person resides where the respondent has a legal or beneficial interest in that place but—
(i) the applicant has no legal or beneficial interest, or
(ii) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent.
(b) Where in proceedings to which this section applies the applicant states the belief, in respect of the place to which paragraph (a) relates, that he or she has a legal or beneficial interest in that place which is not less than that of the respondent, then that belief shall be admissible in evidence.
(6) Without prejudice to section 32 , nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section.
(7) Where an interim barring order has been made, any of the following may apply to have the order varied:
(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 —
(i) the Agency,
(ii) the person referred to in subsection (1)(c) of that section, or
(iii) the respondent to that application;
(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 —
(i) the Agency,
(ii) the applicant for the order, or
(iii) the respondent to that application;
(c) in any other case—
(i) the applicant for the order, or
(ii) the respondent to the application for that order.
(8) The court may, upon hearing an application under subsection (7), make such order varying the interim barring order as it considers appropriate in the circumstances.
(9) For the purposes of an application under subsection (7), an interim barring order made by a court on appeal from another court shall be treated as if it had been made by that other court.
(10) An interim barring order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.
(11) Where an application for an interim barring order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant.
(12) An affidavit or information sworn by the applicant under subsection (11) shall state whether the property from which it is sought to bar the respondent on an interim basis is also a place of business of the respondent or includes or abuts a place of business of the respondent.
(13) If an interim barring order is made ex parte—
(a) a note of evidence given by the applicant shall be prepared forthwith—
(i) by the judge,
(ii) by the applicant or the applicant’s solicitor and approved by the judge, or
(iii) as otherwise directed by the judge,
and
(b) a copy of the interim barring order, affidavit or information sworn under subsection (11) and note of evidence shall be served on the respondent as soon as practicable.
(14) If an interim barring order is made ex parte that order shall have effect for a period, not exceeding 8 working days, specified in the order unless on application by the applicant for the barring order and on notice to the respondent the interim barring order is confirmed within that 8 day period by order of the court.
(15) An interim barring order made ex parte shall contain a statement of the effect of subsection (14).
(16) An interim barring order ceases to have effect on the determination by the court of the application for the barring order.
An interim barring order is an immediate order which requires the violent person to leave the home.
Emergency barring order
Section 9 of the Domestic Violence Act 2018 provides for an emergency barring order.
9. (1) In this section, “applicant” means a person (other than the Agency) who has applied, or on whose behalf the Agency has applied by virtue of section 11 , for an emergency barring order against another person (in this section called “the respondent”) and the person so applying or on whose behalf the Agency has so applied—
(a) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship but lived with the respondent in an intimate relationship prior to the application for the emergency barring order, or
(b) is a parent of the respondent and the respondent is a person of full age who is not, in relation to the parent, a dependent person.
(2) The court may only make an order under this section in respect of a place where an applicant or a dependent person resides and where—
(a) the respondent has a legal or beneficial interest in the place but the applicant has no such interest, or
(b) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent.
(3) Subject to subsection (2), where the court, on application to it, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15 (2) relates, that there are reasonable grounds for believing that there is an immediate risk of significant harm to the applicant or a dependent person if an order is not made immediately, the court shall, subject to section 12 , by order (in this Act referred to as an “emergency barring order”)—
(a) direct the respondent, if residing at the place where the applicant or that dependent person resides, to leave that place, and
(b) whether the respondent is or is not residing at the place where the applicant or that dependent person resides, prohibit that respondent from entering that place for such period, not exceeding 8 working days, as is specified in the order.
(4) An emergency barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following:
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person;
(b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides;
(c) following or communicating (including by electronic means) with the applicant or a dependent person.
(5) An emergency barring order may be made subject to such exceptions and conditions as the court may specify.
(6) For the purposes of subsections (2) and (3), an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place.
(7) Without prejudice to section 32 , nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section.
(8) Where an emergency barring order has been made, any of the following may apply to have the order varied:
(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 —
(i) the Agency,
(ii) the person referred to in subsection (1)(c) of that section, or
(iii) the respondent to that application;
(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 —
(i) the Agency,
(ii) the applicant for the order, or
(iii) the respondent to that application;
(c) in any other case—
(i) the applicant for the order, or
(ii) the respondent to the application for that order.
(9) The court may, upon hearing an application under subsection (8), make such order varying the emergency barring order as it considers appropriate in the circumstances.
(10) For the purposes of making an application under subsection (8), an emergency barring order made by a court on appeal from another court shall be treated as if it had been made by that other court.
(11) An emergency barring order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.
(12) Where an application for an emergency barring order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant.
(13) An affidavit or information sworn by the applicant under subsection (12) shall state whether the property from which it is sought to bar the respondent on an emergency basis is also a place of business of the respondent or includes or abuts a place of business of the respondent.
(14) If an emergency barring order is made ex parte—
(a) a note of evidence given by the applicant shall be prepared forthwith—
(i) by the judge,
(ii) by the applicant or the applicant’s solicitor and approved by the judge, or
(iii) as otherwise directed by the judge,
and
(b) a copy of the emergency barring order, affidavit or information sworn under subsection (12) and note of evidence shall be served on the respondent as soon as practicable.
(15) Where an emergency barring order is made ex parte it shall have effect for such period, not exceeding 8 working days, as is specified in the order.
(16) (a) Subject to paragraph (b), where an emergency barring order has been made against a respondent, no further emergency barring order shall be made against the respondent on application by or on behalf of the same applicant unless a period of at least one month has elapsed since the expiration of the last day of the period specified in the first-mentioned order.
(b) A further emergency barring order may be made against the respondent within the one month period referred to in paragraph (a) where the court is satisfied, having due regard to the circumstances of the respondent, that there are exceptional circumstances which justify the making of a further order.
An emergency barring order can last for up to 8 days and is an immediate order putting the violent person out of the home. There is no property test with an emergency barring order, unlike the situation with a barring order.
Protection order
A protection order is provided for in section 10 of the domestic violence act 2018.
10. (1) Where the court, on application to it for a safety order or a barring order or between the making of that application and its determination, is of the opinion that there are reasonable grounds for believing that the safety or welfare of the applicant for the order concerned or of a dependent person so requires, the court shall by order (in this Act referred to as a “protection order”) prohibit the respondent to the application from doing one or more of the following:
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person;
(b) if he or she is residing at a place other than the place where the applicant or the dependent person resides, watching or besetting the place where the applicant or the dependent person resides;
(c) following or communicating (including by electronic means) with the applicant or that dependent person.
(2) A protection order may be subject to such exceptions and conditions as the court may specify.
(3) For the purposes of this section, an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place.
(4) Where a protection order has been made, any of the following may apply to have the order varied:
(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11—
(i) the Agency,
(ii) the person referred to in subsection (1)(c) of that section, or
(iii) the respondent to that application;
(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 —
(i) the Agency,
(ii) the applicant for that order, or
(iii) the respondent to that application;
(c) in any other case—
(i) the applicant for the order, or
(ii) the respondent to the application for that order.
(5) The court may, upon hearing an application under subsection (4), make such order varying the protection order as it considers appropriate in the circumstances.
(6) For the purposes of making an application under subsection (4), a protection order made by a court on appeal from another court shall be treated as if it had been made by that other court.
(7) A protection order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.
(8) Where an application for a protection order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant.
(9) If a protection order is made ex parte—
(a) a note of evidence given by the applicant shall be prepared forthwith—
(i) by the judge,
(ii) by the applicant or the applicant’s solicitor and approved by the judge, or
(iii) as otherwise directed by the judge,
and
(b) a copy of the protection order, affidavit or information sworn under subsection (8) and note of evidence shall be served on the respondent as soon as practicable.
(10) A protection order shall cease to have effect on the determination by the court of the application for a safety order or a barring order.
A protection order is an order to prohibit the respondent from using or threatening to use violence and from following or communicating with the applicatan. This type of order is an interim order which is granted before the full hearing of an application for a safety order or barring order.
A protection order is temporary and only in place until the hearing of the substantive application for a safety order or barring order.
Where to apply
You apply for any of these orders in your local District Court.
Factors to be considered in hearing the application are set out in section 5 of the act and include
- Any history of violence by the respondent
- Any convictions of the respondent
- Substance abuse
- History of animal cruelty
- Age and state of health of the applicant
Check out the Domestic Violence Act 2018.