While the majority of people enjoy the festive build-up, preparations for Christmas, and the holiday period, for those involved or living with an abusive partner or relative, Christmas can be an especially frightening and lonely time as they are isolated from family and friends.
Domestic abuse at Christmas
In addition to the potential seclusion that this time of year can bring, the level of risk of heightened due to:
- Increased alcohol intake;
- Added financial pressures of the commercial aspect of Christmas; and
- Extended family commitments result in the perpetrators becoming more abusive and volatile.
As a result, incidents of domestic abuse tend to rise during the Christmas period leaving victims of abuse particularly vulnerable.
What is defined as domestic abuse?
The definition of domestic abuse covers a wide range of behaviours, including coercive and controlling behaviour as well as physical, emotional, psychological, and financial abuse. Such behaviour constitutes a criminal offence and should, therefore, be reported to the police.
Steps to take
The following steps are designed to offer guidance on how to manage the situation and break the cycle of abuse:
Essentials
Copy key documents such as passports, birth certificates and mortgage details in case you can’t take the originals with you. Keep money and keys in a safe place in case you need to leave.
Contact support helplines
Obtain and retain in a safe place the details of the following helplines:
Communicate
Once in a place of safety, call the relevant helpline.
Plan
Take time to work out how to vacate the property, where your place of safety would be and how you would get there. Refuges have designated transport to assist with this.
Report
Whilst it may be difficult, tell your friends and GP about your situation and ask them to note down any incidents that you disclose. They may be able to support you or refer you to an organisation that can help.
Taking legal action
If you are suffering domestic abuse there are several protective orders available to you including non-molestation orders, occupation orders, restraining orders, domestic violence protection notices (DVPN) and domestic violence protection orders (DVPO).
Any incidents of domestic abuse should be reported to the police. Whilst we recognise that this is a frightening prospect, the police are there to help, and in some circumstances, they may be able to issue a DVPN which can exclude a perpetrator from the family home and prevent them from contacting you for 48 hours.
The police can then apply to the Magistrates’ Court for a Domestic Violence Protection Order (DVPO) which can last up to 28 days. This will allow you some time to arrange alternative accommodation and if necessary, seek advice on how to protect yourself for longer.
Domestic Abuse Protection Notices (DAPN) and Domestic Abuse Protection Orders (DAPO) are set to replace DVPNs and DVPOs and are currently being piloted in some police forces around the country. They aim to offer greater and more effective protections for victims of domestic abuse.
Restraining orders can be made by the Criminal Court at the end of criminal proceedings against the perpetrator.
Non-molestation orders and occupation orders can be applied for through the Family Court.
Non-molestation orders
A non-molestation order is a protective order that can prohibit a perpetrator from harassing, intimidating, threatening, or communicating with you as well as preventing them from coming within a certain distance of your home or place of work. Such orders can last for months or longer in extreme circumstances and can sometimes be made without the perpetrator being made aware of the application.
Occupation orders
An occupation order regulates the occupation of the family home. They can be made to exclude perpetrators from the family home, usually for a specified period.
How Nelsons can help
This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
