One of the consequences of the social distancing and isolation guidance issued to stop the Covid-19 outbreak is that some families face being “locked down” with an abusive partner. Concern that these families might not feel able to access help and support due to the isolation measures grew last week after a 14-year-old boy walked to the local BBC radio station office in Plymouth after hearing a report on domestic violence. The boy felt he had nowhere else to turn.
The Scottish Government has pledged £1.5 million to Scottish Women’s Aid and Rape Crisis Scotland to ensure these domestic abuse charities will still be able to offer appropriate support via online platforms, telephone and text during the lockdown.
Both Scottish and UK ministers have made clear statements that the instructions being issued to stay at home do not mean it is necessary to remain at home in the face of domestic violence. Domestic violence should still be reported and measures to support victims are in place.
It is important if you or someone you know is facing a domestic violence situation to remember that the police now have dedicated domestic abuse teams and most family lawyers would say that the police should be the first port of call. That advice remains despite current “stay at home” rules.
At the moment the courts are to all intents and purposes closed but urgent cases will be dealt with and steps can be taken to try to obtain protective orders from the civil courts despite lockdown conditions.
It is possible to apply for an interdict with a power of arrest attached to it. An interdict simply prevents a person from threatening and abusing another person and from using violence or the threat of violence.
At common law if such an order was breached, it then needed a separate court action for breach of interdict to be raised before the court could censure the wrongdoer. Recent Scottish legislation has given this remedy more teeth by allowing the courts to attach a power of arrest. This means if the interdict is breached, the wrongdoer can automatically be arrested.
The type of conduct that would justify a power of arrest can include controlling and threatening behaviour that falls short of physical violence. The court can now determine that an interdict is a domestic abuse interdict and this means that automatic criminal sanctions will follow if the order is breached.
Family lawyers handle these difficult cases with sensitivity and tact. We appreciate how hard it can be to get up the courage to even speak to one of us in these situations.
