Domestic violence meaning

Original news Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59, [2016] All ER (D) 93 (Nov) The Supreme Court rejected an appeal against a deportation order made against a foreign offender, notwithstanding that his children are British citizens living in the UK. While the appellant argued that removal would violate his and his children’s rights under article 8 of the European Convention on Human Rights, the court decided that, on the evidence, he had no relationship with either child and their lives had been completely unaffected by his being their father. The court also determined that the Secretary of State was not required to undertake further enquiries concerning the appellant and his children beyond those already conducted. What was the background to the case? The appellant, a Tunisian national, married a British citizen in Tunisia in 1996. In 1997, his wife returned to Northern Ireland for the birth of their daughter, and he subsequently joined her. He was granted indefinite leave...

In this issue Practice and procedure Emergency procedures Public children Private children International children Costs Daily and weekly news alerts New content Updated content Useful information Practice and procedure New code of conduct for investigators The Solicitors Regulation Authority (SRA) has confirmed that the Association of British Investigators (ABI) has introduced an updated members’ code of conduct to ensure compliance with the General Data Protection Regulations. Approved by the Information Commissioner’s Office (ICO), the code is available on the Commissioner’s website. Emergency procedures Domestic Abuse Act 2021 (Commencement No 7 and Saving Provisions) Regulations 2025, SI 2025/261, alongside Domestic Abuse Act 2021 (Commencement No 8 and Saving Provisions) Regulations 2025, SI 2025/319, bring Part 3 of the Domestic Abuse Act 2021 into effect, so far as not already commenced, on a pilot basis from 11 March 2025. This excludes section 55 of the 2021 Act (which repeals domestic violence protection notices...

In this issue: Emergency procedures Private children Public children Financial provision International Medical treatment Daily and weekly news alerts Updated content Useful information Emergency procedures Fact-finding and domestic abuse (ER v NT) In ER v NT [2025] EWHC 2146 (Fam), the High Court allowed an appeal from a ruling of HHJ Godwin declining to list a fact‑finding hearing in private law proceedings about child arrangements for a child born in 2023. The father’s application under Part II of the Children Act 1989 sought contact with the child. The mother resisted contact, alleging a sustained course of domestic abuse, comprising coercive and controlling behaviour, physical violence and emotional harm. The court below decided a fact‑finding was unnecessary, placing weight on the father’s limited admissions, his completion of an anger management programme, and worries about delay. On appeal, the High Court held the judge had not properly identified the relevant welfare questions, nor evaluated the nature...

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal changes to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) made by the Criminal Procedure (Amendment) Rules 2024, SI 2024/62, which came into force on 1 April 2024. The amendments comprise: extending live link direction provisions to extradition proceedings; additional and revised rules for correcting court records; re-drafted confiscation rules, including new provisions to meet requirements imposed by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023); amended rules on cost orders in restraint proceedings; and updated rules on disclosure management, witness companions, and applications to vary conditions of pre-charge bail. Live links In August 2022, the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815, introduced various provisions supplementing statutory powers in the Police, Crime, Sentencing and Courts Act 2022 (PCCSA 2022) to direct the use of a live link in criminal proceedings. Comparable amendments for extradition under the...

Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings (TUPE) immigration Categories of employment status In the Republic of Ireland, individuals engaged in work are typically classified as either ‘employees’ or ‘independent contractors’. There is no...

This Practice Note examines the offences of controlling or coercive behaviour under section 76 of the Serious Crime Act 2015 (SCA 2015) and causing or allowing a child or vulnerable adult to die or suffer serious physical harm under section 5 of the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004). For information on domestic abuse, see: Domestic abuse—overview. Controlling or coercive behaviour offence under the Serious Crime Act 2015 Under SCA 2015, s 76, controlling or coercive behaviour within an intimate or family relationship is a criminal offence where the conduct has a serious effect on the victim. The offence was introduced to address a perceived gap in the law regarding patterns of controlling or coercive behaviour that may occur during a relationship between intimate partners, former partners who remain living together, or family members, where isolated incidents would not, on their own, amount to an offence. It also acknowledges the harm that coercion or control can cause, the cumulative impact upon the victim, and the...

This overview offers general guidance on injunctions in the family courts to protect against domestic abuse. Your family lawyer can provide specific advice tailored to your situation. Family homes and domestic abuse If you are facing violence, threats or intimidation, you can apply to the family courts for an injunction to help protect you. There are two types of injunction: a non-molestation order, and an occupation order What is a non-molestation order? A non-molestation order restrains your partner or spouse from using or threatening violence against you or your children, or from intimidating, harassing or pestering you. It can include detailed provisions tailored to the particular behaviour affecting you. Who can apply? To seek a non-molestation order you must be an associated person, as defined in the relevant legislation. This includes current and former spouses, civil partners and cohabitants, as well as fiancé(e)s, relatives, people living in the same household, the parents of children in the home, and...

This note provides general guidance about applying for permission to remove children from the jurisdiction on a permanent basis. It concerns applications for leave to remove children permanently from the jurisdiction. Your family solicitor can give tailored advice that reflects your particular situation and circumstances. Can I move to live abroad with the children? If you are separated or divorced and wish to relocate overseas permanently with your children, you must secure written consent from the other parent and/or anyone else who holds parental responsibility for the child before relocating. Where the other parent refuses consent, you may ask the court for permission; this is referred to as a leave to remove or relocation application. Making an application to court If agreement about the children’s place of residence cannot be reached, you can apply to the court for an order. Before issuing proceedings, the rules governing these applications require you to attend a meeting with a mediator to explore whether mediation is appropriate instead of going...