What is Domestic Abuse?

The Domestic Abuse Act 2021 defines domestic abuse as:

Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—

  1. A and B are each aged 16 or over and are personally connected to each other, and
  2. the behaviour is abusive

The behaviour is abusive if it consists of any of the following:

(a) physical or sexual abuse;

(b) violent or threatening behaviour;

(c) controlling or coercive behaviour;

(d) economic abuse  

(e) psychological, emotional or other abuse; *

It does not matter whether the behaviour consists of a single incident or a course of conduct.

*“Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to:

(a) acquire, use or maintain money or other property, or

(b) obtain goods or services.

For the purposes of this Act A’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child)

For the meaning of “personally connected”, see section 2.

Definition of “personally connected”

For the purposes of this Act, two people are “personally connected” to each other if any of the following applies—

(a) they are, or have been, married to each other;

(b) they are, or have been, civil partners of each other;

(c) they have agreed to marry one another (whether or not the agreement has been terminated);

(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);

(e) they are, or have been, in an intimate personal relationship with each other;

(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child.

(g) they are relatives.

Children as victims of domestic abuse

This section applies where behaviour of a person (“A”) towards another person (“B”) is domestic abuse.

Any reference in the Domestic Abuse Act to a victim of domestic abuse includes a reference to a child who

(a) sees or hears, or experiences the effects of, the abuse, and

(b) is related to A or B.

A child is related to a person  if—

(a) the person is a parent of, or has parental responsibility for, the child, or

(b) the child and the person are relatives.

In this section— “child” means a person under the age of 18 years; “parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act); “relative” has the meaning given by section 63(1) of the Family Law Act 1996

For a list of helplines visit here.

What can we do to help?

What can we do to help? 

We can work around your situation and arrange to speak to you when you feel safe, in order to assess your situation and get you the help and or advice you need. Your information will be kept confidential other than to the agencies that you have agreed are necessary to support you. However, as we take safeguarding of our customers seriously, if you or a child is at risk of significant harm, we will share information with the relevant agencies.  

We work closely with other agencies to make sure you and your children get the help you need, including if you need to leave your home or access legal advice. If your home needs securing or you have urgent repairs, we can arrange for the work to be done as a priority. We can also give you advice on applying for benefits and help you fill out the forms. 

You can contact us for advice Monday to Friday 9 - 5 by calling 0300 303 9848 or email safeguarding@wvht.co.uk For urgent repairs such as a lock change, the number is the same out of hours.  

But if you feel in immediate danger, please contact the police by calling 999. 

Domestic Abuse - Housing and Homelessness

Shelter – Housing options for people experiencing domestic abuse 

Get help from your local authorities homeless team. You can make a homeless application to your local authority if you can't stay in your home or need help to deal with domestic abuse. 

From 5 July 2021, you should also have an automatic priority need if you're homeless because of domestic abuse. This means your local authority must provide emergency housing if you need it. 

You can approach any local authority you choose and you can't be referred back to an area where you're at risk of domestic abuse. 

  • Cheshire West and Chester Telephone: 0300 123 2442 (Monday, Tuesday, Thursday, Friday 9am - 5pm and Wednesday 1pm - 5pm)  or you can ring the Out of Hours number on 0300 123 7035.  

  • Cheshire East  Telephone: 0300 123 5017 Option 2   At weekends and when the office is closed you can call them on 0300 123 502 

You can also obtain help and advice by contacting; 

Legal Advice

Shelter – Court Orders  

Occupation Orders - An occupation order is one of the court's key powers in cases involving domestic abuse. The order controls who lives in a home, and can be used to exclude those who use or threaten violence, as well as perpetrators of sexual or psychological abuse. If a person breaches an occupation order, it is contempt of court. 

Non Molestation Orders - A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children. A Non-Molestation Order normally carries a power of arrest with it. Breaching an order is a criminal offence. This means that if the respondent breaches the order he/she will be arrested and put before the next available court 

Prohibited Steps Order - Prohibited Steps Orders relate to restricting Parental Responsibility. If a parent has parental responsibility, then he or she has the right independently to take decisions about matters such as schooling, medical treatment, and religion. A Prohibited Steps Order can remove a parent´s right to make such decisions about their child´s life. 

To explore any of these orders and your eligibility for them, contact a family law solicitor or one of the numbers below: 

  • National Centre for Domestic Violence (NCDV) - Legal Advice and orders 08009702070 

  • DV Assist – Legal Advice and orders 08001958699 email support@dvassist.org.uk