Elizabeth Lacey, Family Law Solicitor at Tayntons LLP,Gloucester explains legal protection for 'Domestic Violence'

2nd February 2011 15:37

In its short life the Supreme Court has made a number of important decisions. Elizabeth Lacey Family Law Solicitor points out the recent decision made on 26th January when it was ruled that verbal abuse came under the umbrella of ‘domestic violence’ when dealing with issues relating to housing.

The case was brought by the London Borough of Hounslow who sought to narrow the definition of ‘domestic violence’ in light of the wife advising that she and her two children had left the marital home following verbal abuse from her husband and needed assistance with re-homing as they had no where to go.  The Borough tried to argue that she had intentionally made herself homeless as a result of the breakdown of her marriage and so they were under no obligation to help her.  Thankfully, the Supreme Court found in the wife’s favour.

It is a concern that the Borough tried to narrow what has become an overwhelming issue in recent times, which if the matter had not come this far could have put the wife and children at serious risk of harm. 

It must be remembered that the law has provided protection for people at risk of domestic violence in recent times.  The Domestic Violence, Crime and Victims Act 2004 defines domestic violence as “ any act of violence, even if only verbal, perpetrated by a household member upon another household member and includes any omission which causes physical or moral harm to the other.”  Elizabeth Lacey advises that if you have been subjected to domestic violence, protection is available by way of a non-molestation order (sometimes known as an ‘injunction’) and an occupation order. The non-molestation order can assist in protection from threats, harassment and physical violence whilst the occupation order can expel a person from a house until further order of the court.

If you would like to talk about any of the issues raised in this article in absolute confidence, please contact Elizabeth Lacey on 01452 509859 or elizabeth.lacey@tayntons.co.uk