7. Domestic Violence and Abuse

Abstract

Domestic violence and abuse impact the lives of millions every year. Historically, such conduct was considered to be a private matter, and outside the remit of the law. While domestic violence and abuse is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. In addition to this, the chapter will explore the definition of domestic abuse, which is now set out in the Domestic Abuse Act 2021. The chapter also explores some of the wider factors pertaining to the family justice system’s response to domestic violence and abuse. This includes the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the recent special measures brought in to support domestic abuse victims during court proceedings, introduced by the Domestic Abuse Act 2021.