Domestic abuse is not limited to physical violence. It can include emotional abuse, financial abuse, sexual abuse, coercive control, threatening behaviour and other patterns of harm that leave victims and survivors feeling unsafe, isolated or controlled.
In this episode of Whitehead Monckton’s HeadNotes podcast, Jack Staker and Isabelle Palmer from the Family team are joined by Holly Broadley from Oasis Domestic Abuse Service to discuss domestic abuse and family law, protective orders, the family court process and the importance of trauma-informed support.
This insight is particularly relevant for anyone affected by domestic abuse, as well as professionals supporting clients through family proceedings.
If you need urgent help call 999 or contact the National Domestic Abuse Helpline 0808 2000 247.
As discussed in the podcast, domestic abuse is an umbrella term covering a wide range of harmful behaviours. While many people associate abuse with assault or physical violence, it can also include emotional abuse, financial abuse, coercive control, sexual abuse and psychological harm.
Holly explains that many people do not immediately recognise their experiences as domestic abuse, especially where there has been no physical injury. For example, a partner may restrict access to money, remove access to transport, take out credit in someone else’s name or use pregnancy as a way to increase vulnerability and control.
Understanding this wider context is vital, particularly when victims and survivors are deciding whether to seek advice, report concerns or begin the family court process.
“Many people won’t recognise that they’re experiencing [domestic abuse] for a long time.” — Holly Broadley, Oasis Domestic Abuse Service
Where someone is at risk, a solicitor can advise on domestic abuse protective orders under the Family Law Act 1996. The two main types discussed in the podcast are non-molestation orders and occupation orders.
A non-molestation order can prevent a person from contacting, harassing, pestering or approaching the applicant. It can also protect children, including by preventing an abuser from attending a school or coming within a set distance of a home or workplace.
An occupation order is different. It deals with who can live in or occupy the family home. These orders can be harder to obtain because they may restrict a person’s rights to live in a property they own or jointly own.
Both forms of protection can be important where there is a risk of harm. In urgent cases, applications may be made without notice, meaning the other party is not told about the hearing until after an interim order has been made.
One of the key issues discussed in the episode is the difficulty of proving domestic abuse allegations, particularly where the abuse is coercive, controlling or hidden.
Evidence may include police reports, medical records, photographs, messages, voicemails, witness statements or examples of repeated behaviour. However, perpetrators may avoid putting anything in writing, leaving victims in a difficult “he said, she said” position.
Holly also highlights the importance of trauma-informed understanding within the family justice system. Victims may not behave in the way others expect. They may placate an abuser after an incident, struggle to recall details or appear calm when discussing distressing experiences. This does not mean the abuse did not happen. It may reflect the impact of trauma.
Domestic abuse family law issues often arise alongside disputes about children and parents. Where child arrangements orders are being considered, the court may need to assess whether there is a risk of harm and what arrangements are safe.
Practice Direction 12J places domestic abuse at the forefront in children cases. The court may consider protective measures, such as separate waiting rooms, screens, online hearings, separate entrances and other safeguards.
In some cases, the court may order a fact-finding hearing. This allows a judge to consider domestic abuse allegations and decide whether they are proven. That decision can then influence what contact arrangements are appropriate.
The podcast also touches on parental alienation, noting that updated guidance has helped address cases where allegations of parental alienation are raised in response to domestic abuse concerns.
“The court has the power to consider and to order a fact-finding hearing.” — Isabel Palmer, Solicitor
Domestic abuse may also arise during divorce and financial remedy proceedings. However, as Jack and Isabel explain, conduct is not always treated in the way clients expect.
In financial proceedings, the court does not automatically adjust the financial outcome because one party has experienced domestic abuse. Conduct generally needs to be highly significant and often linked to financial impact.
Holly notes that this can be difficult for victims and survivors to understand, particularly where domestic abuse has affected their earning capacity, confidence, access to information or ability to achieve a clean break.
Oasis Domestic Abuse Service supports men, women and children across East Kent, Thanet and Medway. The charity provides refuge, safe accommodation, practical support, safety planning and help to rebuild a safe life.
While Oasis does not provide legal advice, it can refer people to qualified legal support and specialist services. The podcast also refers to CourtNav, an online tool designed to help people complete non-molestation order applications with legal input before submission.
Holly encourages legal professionals to refer clients to domestic abuse support services where safety planning is needed alongside legal protection.
Domestic abuse and family law matters require sensitive, practical and urgent advice. Our family law team can support you with:
If you need urgent help call 999 or the National Domestic Abuse Helpline 0808 2000 247. If you need domestic abuse legal advice about protection, children or family proceedings, please contact our Family team.
A non-molestation order is a protective order that can prevent an abuser from contacting, harassing, threatening or approaching you. It can also include protection for children.
Yes. Where domestic abuse allegations are raised, the court must consider any risk of harm and whether protective measures or a fact-finding hearing are needed.
Senior Solicitor in the Family team at Whitehead Monckton, advising clients on family law matters including domestic abuse, children and family proceedings.
Solicitor in the Family team, supporting clients with family law issues including protective orders, child arrangements and court process guidance.
Partnerships Manager at Oasis Domestic Abuse Service, supporting victims and survivors through awareness, safety planning and access to specialist domestic abuse support.
Explore more episodes from the HeadNotes Legal Podcast, or browse our family law services for further guidance on how we can support you with sensitive family law matters.
