Domestic Violence and Home Stay Rules: How to Stay Safe and Access Help

Note: Information about the current coronavirus pandemic is evolving rapidly. Please refer to your lawyer or other legal practitioners in your area to answer your specific questions related to family law and the COVID-19 crisis.

With the strict imposition of the Home Stay Rules, strictest restrictions of movement on the British public due to the outbreak of Covid-19, the consequent pressure of confinement on relationships is unfortunately bound to increase incidents of domestic abuse and other forms of controlling behaviour within the home. There will be increased financial, social and health pressures within the home. For some, it seems now, the prospect of staying indoors poses the same risk as going outside.

The latest guidance on the limitations of movement can be found here (and this site is regularly updated): https://www.gov.uk/government/publications/full-guidance-on-staying-at-home-and-away-from-others/full-guidance-on-staying-at-home-and-away-from-others

Domestic abuse is defined as, "...an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, in the majority of cases by a partner or ex-partner, but also by a family member or carer." The majority of cases are of abuse are perpetrated by men upon women, but men can be victims too.

Victims of domestic abuse straddle all social classes, and although having access to funds can usually lead to increased possibilities, such as being able to move into a hotel whilst you consider your options, under the current lockdown regime, this is not a viable option.

Domestic abuse victims know best the risks they may face from a violent or controlling partner in normal times. However, these are extraordinary circumstances and the increased isolation for victims of domestic will only exacerbate their plight. Maintaining communication with the Police, specialist charities and trusted individuals, is more crucial than ever.

If this prolonged confinement is likely to increase your risk of domestic abuse, do familiarise yourself with the guidance below.

1. Be as pro-active as you possibly can now in these early days, and think in the first instance about coping strategies that have worked well in the past. Consider, for example, how best to reduce particular flash-points, optimise the limited opportunities to leave the home if safe to do so, and try to agree on living and working in separate spaces within the home, if possible.
2. If you have not already done so, speak with local Police in order to establish contact with your local Domestic Violence Police Officer. Talk through your concerns, assess your risk and see what resources they have at their disposal. Ask, for example, about the possibility of an alarm that will trigger a visit from the specialist Domestic Violence teams and how you could safely arrange for that to be implemented.
3. Contact specialist charities (see the links below), to see what resources are available in your local area. They will be the first to know the whereabouts and availability of safe refuge places should the need arise. Many charities now have live chat facilities on their websites that you can access from a mobile, in addition to free helplines. Make time to familiarise yourself with these resources when you are out of the home.
4. Maintain communication with only trusted friends and family so you have another adult, who is familiar with your situation, to help you consider your risk and options. They may be able to offer you alternative accommodation and contact the Police and social services on your behalf. However, if you need to leave the home you can do so. In the latest version of the government Home Stay Rules guidance, updated on 29 March 2020, there is clear permission to leave the home if you need to “avoid or escape risk of injury or harm.”
5. If you consider it safe to do so, keep a bag (or pile) of essential items for yourself and any children you can grab if you suddenly need to leave the home. Toiletries are likely to be provided, but spare phone chargers or devices to occupy your children, for example, can be more difficult to access in an emergency refuge.
6. Leaving the home shared with an abuser is often the most dangerous time for the vulnerable adult and children. Therefore, it is imperative that you seek expert support in advance from the Police or from a charity who can support and guide you through this.
7. You should consider turning off any location trackers on your phone if you are planning to flee and exercise caution in informing any third parties of your plans. Take care to delete your browsing history on any computers or devices you will leave behind.
8. Safe places to stay in the form of refuge are paid for via housing benefit. If you are not eligible for housing benefit, it is still possible to obtain a space.
9. You can apply to the Court for an urgent injunction to protect yourself and your children. Speak to the Police and a Solicitor to help you organise this. The Law Society website can help you find a solicitor. 
10. Legal Aid funding can be available if there is evidence that you or your children have been victims of domestic abuse or financial control.
11. The Court has powers to keep you and your children safe from domestic abuse. A non-molestation order prevents your partner from using or threatening violence against you and comes with an automatic Power of Arrest, giving the Police immediate authority to arrest him or her. An occupation order can come with a power of arrest and is used to in circumstances where the risk of harm is such that the person must be ordered to leave the home. A prohibited steps order can also be used and is there to impose a restriction upon a parent’s ability to exercise their parental rights for their child.

Other resources that may be useful during the Covid-19 pandemic

• The Police and their Partner organisation support helplines
• Refuge- Refuge also has a free 24-hour National Domestic Abuse helpline: 08082000247 
• Women’s Aid: The website facilitates live chat, email and a comprehensive website which includes a handbook with practical support and information
• The NSPCC: You can call them on 08088005000, email help@nspcc.org.uk or fill in their online form on their website
• Respect – for male victims of domestic abuse.The men’s advice line number is 0808 801 0327 
• Galop: An LGBT+ anti-violence charity. The telephone number is 0207 704 2040 
• Domestic Violence Assist: The UK’s only registered charity arranging non-molestation orders, occupation orders and prohibited steps orders. The telephone number is 0800 195 8699
• National Centre for Domestic Violence: This can provide a free fast emergency injunction service to survivors of domestic violence regardless of their financial circumstances, race, gender or sexual orientation.