Fiona Ryans

How to identify and help survivors of domestic abuse
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How to identify and help survivors of domestic abuse

Published on
Fiona Ryans
Fiona Ryans
Solicitor
Beecham Peacock Newcastle

A staggering one in five people have experienced domestic abuse since the age of 16 in the UK. That amounts to 10.4 million people across the nation. A further one in 20 were the victim of domestic violence between March 2021–March 2022.

These sobering statistics highlight how pressing an issue domestic abuse is in the UK.

Domestic abuse is defined as any threatening behaviour, violence or abuse from a current or ex-partner. This can be psychological, physical, sexual, financial or emotional.

Key findings

  • Domestic abuse has affected one in five adults in the UK since they turned 16.
  • Domestic abuse-related crimes rose by 7.7% between March 2021–2022, according to data from police in England and Wales.
  • In this period, the National Domestic Helpline delivered 50,791 support sessions through phone call or live chat.
  • The domestic abuse-related charging rate increased for the first time in four years, surging to 72.7% in the same timeframe, according to the Crown Prosecution Service (CPS).
  • 5 million domestic-abuse related crimes were reported in England and Wales between March 2021–March 2022.
  • The no-fault divorce law can help victims of domestic abuse to leave their marriages more easily.
  • Identifying the signs of domestic abuse, including injuries and a change in behaviour, will help you support victims.

Identifying signs of domestic abuse

In order to help a victim, you need to understand the signs of domestic abuse. They may be hard to spot – that’s often the aim of the abuser – but it’s possible to discover tell-tale signs.

First of all, physical abuse can leave marks on the victim’s body. Someone who is being physically abused may have regular bruises or physical injuries associated with being choked, punched, or knocked down — and they are likely to have a weak or inconsistent explanation for these injuries.

It’s important to note that they may also have injuries that aren’t visible – if they appear to be in pain with no noticeable symptoms, this could be in indication of domestic abuse.

Domestic abuse causes a lot of emotional distress. People who have experienced domestic violence may come to believe that they will always be under the abuser’s control, or be constantly on edge to the point where they can never truly relax. They may become withdrawn and communicate less often with you. If you begin to notice a change in your friend or loved one, it may be domestic abuse.

Helping people suffering from domestic abuse

1. Take the first step

Any of the above signs can indicate domestic abuse. If you’ve noticed someone hiding bruises with clothes or a reluctance to talk about where their injuries have come from, they may be a victim of domestic abuse. If this is the case, they are likely to find talking about it difficult.

That’s why it may be a good idea for you to take the first step. Start by explaining your concern, along with reassurance that you would be discreet with any information you share. Allow the conversation to develop at a comfortable pace rather than attempting to force the other person to open up.

Remember to pay attention without judging the person. If you pay close attention, your loved one may tell you exactly what they need. Just give the speaker a chance to finish their sentence.

2. Try to understand to their feelings

Domestic abuse can be complex – victims will often be confused about their situation. These feelings are often a combination of guilt, despair, love and fear.

Even if you can’t relate to their experiences, you should validate them. Let them know that these conflicts are normal. However, it’s also crucial to stress that using violence or emotional abuse is unacceptable and that living in constant fear is not normal.

If they haven’t been in other relationships, they may not realise the extent of the abuse. They may have become accustomed to the cycle. Regardless, it’s important that the person in question feels your support and validation – often these feelings can empower domestic abuse survivors to take action, in spite of their fear.

  1. Divorce and family law advice
    If the person you’re helping is married, you can inform them of any possibilities to dissolve the legal binding. Thanks to changes that came into effect in April 2022, they will not need a reason to file for divorce. Although domestic violence qualifies as a grounds for divorce, a no-fault divorce can remove a lot of the stress and emotional manipulation from the situation.

You may also want to help them get information on child custody. In cases involving domestic abuse, they will not have to attend a mediation meeting before going to court. It costs £232 to apply for the court order, but they may be entitled to help if they’re on benefits or a low income.

You might also want to point them in the right direction of legal matters. For many people, the associated costs are a barrier to pursuing and receiving the proper help and support from solicitors. However, subject to a means assessment, victims could be entitled to receive legal aid to help pay fees. And if the victim has received an injury as a result of crime or violence, for example, they may be entitled to receive compensation through the Criminal Injuries Compensation Scheme.

As much as you can try to help, you must let the victim decide if they’d like to prosecute. Depending on the nature of each case and the victim’s preferred outcome, there are various different routes to explore. If the case goes to court, the victim may be expected to give evidence against an abuser. Specialist legal teams can coach victims through this process, but please be aware this can be difficult, both mentally and emotionally. If a case goes to trial, the abuser could face a prison sentence, and could also be subject to a restraining order – which could help give peace of mind for safety.

4. Point them in the right direction

You can help by finding practical resources. Look up telephone numbers for shelters and social services or explore legal options and support groups – it can be helpful for a survivor of domestic abuse to know they aren’t alone.

There are multiple resources available to help women, including The Freephone National Domestic Abuse Helpline. It’s run by Refuge on 0808 2000 247 for free at any time, day or night. The staff will offer confidential, non-judgemental information and support. You can also contact Men’s Advice Line on 0808 8010 327. Specialist emotional and practical support is available from Galop on 0800 999 5428 for LGBTQIA+ survivors of domestic violence.

Formulate an escape plan

Finally, you can help them formulate an escape plan. Making a plan may help them visualise the steps that are necessary to break the system of abuse. In many cases, this preparation is as much mental as physical – often, domestic abuse survivors cannot even fathom the thought of leaving, for their own safety.

Don’t try to rescue someone. The decision to leave and seek support must be made by the victim of domestic abuse. The first step for you, however, is awareness. By regularly checking in with your family and friends and learning the signs of domestic abuse, you could help prevent further harm and even save a life.

Sources

ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/domesticabuseinenglandandwalesoverview/november2022

gov.uk/government/news/new-divorce-laws-will-come-into-force-from-6-april-2022

gov.uk/looking-after-children-divorce/apply-for-court-order

gov.uk/legal-aid

beechampeacock.co.uk/family-law/domestic-violence/

nationaldahelpline.org.uk

mensadviceline.org.uk

Galop.org.uk

 

Click here for more articles by Fiona

About Fiona Ryans

Fiona Ryans is a solicitor at Beecham Peacock Newcastle, specialising in all areas of family law, including collaborative.

 

 

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Photo by Danil Ahmetşah on Unsplash

The UK’s Divorce Hotspots Revealed

Published on
Fiona Ryans
Fiona Ryans
Solicitor
Beecham Peacock Newcastle

With the highly-publicised court proceedings between Johnny Depp and Amber Heard, legislative changes in the UK leading to the implementation of the ‘no fault divorce’ system, and with the latest season of The Crown releasing on Netflix – focusing on the bitter divorce between Prince Charles and Princess Diana – Divorce has been a hot topic in 2022.

To gain an accurate insight into how changes to the legislation and current events have affected the intentions of the public; family solicitors Beecham Peacock have analysed search data around divorce across the UK, revealing the UK’s divorce hotspots, as well as nationwide trends linked to divorce.

Key Findings:

  • Data from Google’s Keyword Planner reveals that, between November 2021 and October 2022, there were an average of 27,100 monthly searches for ‘divorce’ from across the UK.
  • Between August and October 2022, there was a 14% increase in nationwide searches for ‘how to apply for divorce.’
  • During the same period, there was a 23% increase in nationwide searches for ‘how much does it cost to get a divorce.’
  • Bradford is the UK’s divorce hotspot, with 46 searches for ‘divorce’ per 100,000 people.
  • Data from Keyword Planner shows that couples in Edinburgh are the happiest of the UK’s major cities, with just 3 searches for divorce per 100,000 people.
  • Scotland is found to be the happiest UK region with just 10 searches per 100,000 people, whilst England is the unhappiest, with 42 searches per 100,000 people across the entire country.

Which Areas are Looking to Divorce?

Google’s Keyword Planner tool shows the ‘reach’ of cities around the world, an estimate of how many people are using Google in that specific location. Using the average number of monthly searches for ‘divorce’ in each city, and that city’s overall reach, Beecham Peacock have identified which cities in the UK are most interested in divorce.

Bradford – 46 searches per 100,000 people

Leicester – 42 searches per 100,000 people

Hull – 38 searches per 100,000 people

Plymouth – 30 searches per 100,000 people

Liverpool – 29 searches per 100,000 people

Portsmouth –22 searches per 100,000 people

Bristol –21 searches per 100,000 people

Leeds – 21 searches per 100,000 people

Birkenhead – 17 searches per 100,000 people

Manchester –16 searches per 100,000 people

Belfast – 15 searches per 100,000 people

Glasgow –15 searches per 100,000 people

London –10 searches per 100,000 people

Birmingham – 8 searches per 100,000 people

Edinburgh –3 searches per 100,000 people

The data raises some interesting questions. Notably, smaller cities tended to have a greater number of searches for divorce, suggesting that, perhaps surprisingly, couples in the UK’s bigger cities, like London and Birmingham, are happier. With Bradford, Leicester and Hull – all smaller cities – ranking in the top three, the results are surprising.

Looking at wider areas of the country also reveals some interesting data; England has the highest rate of searches for ‘divorce,’ followed by Wales, Northern Ireland and Scotland. Searches for divorce across Scotland were significantly lower than in other areas of the UK, and Scotland’s two biggest cities – Edinburgh and Glasgow – also ranked low for searches for divorce.

Couples in Scotland are therefore happier than anywhere else in the country – irrespective of whether they live in a city or a more rural area.

England – 42 searches per 100,000 people.

Wales – 31 searches per 100,000 people.

Northern Ireland – 24 searches per 100,000 people.

Scotland –10 searches per 100,000 people.

The data also shows that there have been significant increases in searches for certain terms that are related to divorce. For example, in the three months between August and October 2022, there was a 123% increase in searches for ‘family lawyer,’ whilst there was an 83% increase in searches for ‘family solicitors’ during the same period.

With the recent release of The Crown series 5, which sheds a light on the highly publicised divorce of Prince Charles and Princess Diana, divorce has been a hot topic in popular culture, and may have cause people around the country to take a look at their own marriage.

Divorce is a hugely difficult time for couples who have been unable to reconcile their differences, but the new changes to the divorce laws are designed to eliminate the ‘blame game’ from the equation, thereby enabling less emotional, less painful separations.

Click here for more articles by Fiona

About Fiona Ryans

Fiona Ryans is a solicitor at Beecham Peacock Newcastle, specialising in all areas of family law, including collaborative.

 

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Divorce Reforms Have Been Somewhat Misleading

Divorce Reforms Have Been Somewhat Misleading

Published on
Fiona Ryans
Fiona Ryans
Solicitor
Beecham Peacock

The recent articles in the press over the divorce reforms have been somewhat misleading.

This reform is not something the government is pushing through quickly and quietly whilst we are in the middle of a pandemic.

The legislation was actually one of the many bills to fall when the election was announced last Autumn so it was progressing through parliament last year. It is nothing new.

It is also a reform divorce lawyers have been campaigning for tirelessly for many years spearheaded by Resolution, an umbrella organisation of family lawyers whose members deal with issues arising from relationship breakdown constructively and as amicably as possible.

To obtain a divorce at present it must be shown the marriage has irretrievably broken down. Then one of 5 facts need to be proved namely adultery, unreasonable behaviour, 2 years separation with consent, desertion, or 5 years separation without consent.

All divorce lawyers have experienced the situation where a bewildered client has said ‘but we just don’t love each other anymore and don’t want to be married’.

They say they have fallen out of love, grown apart, or whatever. None of this is unreasonable behaviour. But to get divorced one party must put together a few paragraphs of ‘faults’ showing they are entitled to their divorce.  This can be difficult and unnecessarily distressing when two adults simply want to end their marriage.

As a collaborative lawyer, I often work with my collaborative colleagues sitting around the table with a couple working out a mutually beneficial outcome for them when a marriage has broken down. This is the best way to proceed if at all possible for many reasons.

To get a negotiated settlement I then have to look at how we can progress the divorce. This often sits uneasily with the accord reached, unless there is a separation of over two years and the parties agree.

Having to ‘blame’ the other party is not always what they want and the matters raised in a petition for unreasonable behaviour can cause arguments that could have been avoided.

There is also a suggestion it will be quicker to get a divorce under the new legislation. This is not true.

Divorce proceedings are started online now in most cases through the government website. If both parties agree and deal with their emails from the site swiftly a decree nisi is pronounced within about a month of applying online. The decree absolute can be obtained 6 weeks and one day later so start to finish a process of about 10 weeks.  The current reforms are suggesting at least 20 weeks so double this.

There will always be situations where one party does not want a divorce. But if one party decides it is over and applies for a divorce it seems self-evident the marriage has irretrievably broken down. Why complicate it further by listing faults or apportioning blame? Or why make parties who are amicable and want to end it wait 2 years when they agree now?

The timing of a divorce can be critical within the bigger picture arising from the end of the marriage particularly in relation to pensions so it is always vital to get advice from a specialist.

Click here for more articles by Beecham Peacock Solicitors

About Fiona Ryans

Qualified in 1994 and joined Beecham Peacock in 2007, Fiona is qualified to practice Collaborative Law and has a highly successful Collaborative Law caseload.

She also has a number of high value ancillary financial relief cases. Accredited Specialist with Resolution in areas of Ancillary Financial Relief and Private Law children matters.

Fiona has good links with Independent Financial Advisors who happily and readily refer clients to Fiona and the firm. Fiona instills a sense of confidence in her clients with whom she easily secures a rapport and good working relationship.

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