Domestic violence at Christmas: Yorkshire law firm can offer emergency help and Non-Molestation Orders

Many of us will have been caught up in football frenzy since the World Cup 2022 began in November. If you have watched the coverage on television, you are likely to have seen the adverts shown during half time.

One in particular stands out; its sole purpose to draw attention to the sharp increase in domestic abuse incidents during national sporting events. The advert is simple but effective. The camera pans round a street, with the houses decorated for the occasion with England flags. The camera then focuses on one house and the background noise of commentary and the shouts of spectators suddenly fades away. The sign on the house reads ‘he’s coming home’.

A powerful message to reiterate to the audience that many people live in fear of their partner’s team or national side losing a game of football because of the increased likelihood of physical or verbal abuse. But although the issue is rightly highlighted during popular sporting events, how much do we really know about the impact sport has on domestic abuse?

Evidenced increase in incidents

Numerous studies have confirmed there is a causal link between football and incidents of domestic abuse. A study undertaken in 2021 by the National Centre for Domestic Violence produced figures to show that reported incidents increased by 26 per cent when England play, by 38 per cent if England lose and by 11 per cent the next day, regardless of whether England have won or lost.

A further study undertaken by Warwick Business School in 2022 revealed even more harrowing figures, concluding that abuse and violence in a domestic setting increased by a shocking 47 per cent on the day England won a World Cup or European Championship match.

Christmas worries

This year, the World Cup coincides with the beginning of the Christmas period rather than in summer when it is traditionally held. There is often a spike in reported domestic abuse cases over the Christmas period as a result of excessive alcohol consumption, financial worries and the pressures associated with families being cooped up together for longer than usual.

Christmas 2020 saw the number of domestic violence incidents nearly doubling nationally, from 200,000 reports in 2019 to 369,000 in 2020. The timing of the competition is therefore precarious for those in abusive relationships; two known occasions when domestic abuse incidents increase coincide.

Help available

Whilst many people are aware that ordinarily, the first step would be to contact the Police to report abusive behavior, many people are unaware that they may be eligible for protective injunctions through the Family Courts if they have experienced domestic abuse. There are two types of orders available to individuals who have experienced or are continuing to experience abuse from a partner, former partner or the other parent of a child.

A Non Molestation Order is the most common of two protective Orders that can be applied for under the Family Law Act 1996. A Non Molestation Order can prohibit the abuser from contacting the Applicant directly, threatening violence, sending abusive messages and from coming within a defined area surrounding the Applicant’s home or place or work. Breach of a Non Molestation Order is a criminal offence. The maximum sentence for breach is up to five years’ imprisonment and a fine.

To apply for a Non Molestation Order, you must be able to demonstrate that you are ‘associated’ with the abuser. In the majority of cases, applicants bring applications for Non Molestation Orders against partners, former partners or the other parent of the applicant’s child. However, Non Molestation Orders can also be made against relatives, for example the Applicant’s parents, adult children or siblings.

Applications for Non Molestation Orders can be made without notice. An application is submitted to the Court and the Court will consider the application without informing the abuser that an application has been made. If the Court agrees that the Order should be made, a copy of the Order is then personally served on the abuser. As soon as the abuser has been served with a copy of the Order, the Order is live and enforceable.

Usually, a Non Molestation Order will be granted for 12 months. However, it is possible to make an application to extend the Non Molestation Order before the 12 month period expires.

How to contact the team

We have a team of family law experts across all 17 of our branches who can assist with applications for Non Molestation Orders, often on an emergency basis. The team can be contacted on 0113 284 5000 or via [email protected].

Legal aid is still available to cover the costs of applications for Non Molestation Order, subject to eligibility.