Family - Domestic violence

Family - Domestic violence

Below are some (unfortunately) common questions we have received from clients concerned about the impact of COVID-19. If you have a question that has not been answered below, please submit your question here, and we will respond to your query directly.


Question: Does what I am experiencing fall under the definition of abuse? Is abuse necessarily limited to physical violence?

Answer: Taking the questions in turn: (i) quite possibly and (ii) not at all. The definition of domestic abuse is very broad and non-physical forms can include emotional, verbal, sexual or economic abuse. Being manipulated emotionally, or being subject to coercive, controlling or threatening behaviour (for example, being monitored excessively, isolated from friends and family or repeatedly worn down over time) will likely to constitute domestic abuse. No two cases are the same and it very much depends on the circumstances on the ground. The Courts treat domestic abuse very seriously, whatever form it takes.

Question: I am concerned about my safety and that of my children. What can I do?

Answer: If you feel that you are in immediate danger, call the police on 999. Otherwise, there are a number of charities that offer emotional, practical and other forms of support. For example, the National Domestic Abuse Helpline (tel: 0808 2000 247) operates 24/7 and offers free, confidential advice, while other charities offer targeted support for specific communities. The Government has listed the details of a number of charities here.

Domestic abuse is often addressed through criminal prosecutions, though civil remedies also have an important role to play. There are two types of injunctions that may be appropriate:

  1. Non-molestation orders, which offer protection from certain actions. For example, they can prohibit the use or threat of violence; any form of direct or indirect communication; and any form of harassment, as well as other specific actions, depending on the circumstances. Breaching a non-molestation is a criminal offence which ultimately means the perpetrator can be imprisoned as a consequence.
  2. Occupation orders, which regulate the use of a property. For example, they can require a perpetrator to leave a property and prevent them from returning, or grant a right of occupation to a victim who would otherwise have no rights. Depending on the circumstances, breaching an occupation order can lead to arrest.

Question: Does the current “lockdown” mean I have to stay at home?

Answer: No. Government guidance is clear: the household isolation instruction does not apply if you need to leave your home to escape domestic abuse.

The current lockdown has led to a surge in the number of cases of domestic violence being reported. The restrictions have led to further challenges for people suffering domestic abuse, with heightened tensions; more opportunities for the perpetrator to exert control; and fewer opportunities for the victim to escape.

The overarching message from the government, police, legal profession and third sector organisations is clear : even in this unprecedented time, victims are not alone and support continues to be available.

Question: I’m concerned about someone I know who may be experiencing domestic abuse. What should I do?

Answer: As above, depending on the circumstances, call 999 or the National Domestic Abuse Helpline (details above) for guidance and support on how to help the individual in question. Do not approach the perpetrator directly – this could make matters worse for the victim and put you at risk of harm.


Family - Divorce and financial settlement

These are some of the frequently asked questions from our clients concerning divorce and financial settlement.

Family - Divorce and financial settlement


"Our staff, our clients and other friends of Forsters have always had a wide range of charitable interests. The financial help offered by the partners through the Trust reflects a commitment to charity that has come to form an essential part of the firm's ethos. It is exciting to see the variety of good causes supported each year."
David Robinson, Consultant and Trustee since 1998
×