Safe and silent nights: Protecting families from harm at Christmas

Christmas is just around the corner. For many, it’s a season of joy - twinkling lights, festive gatherings and cherished time with loved ones. But behind closed doors, the reality can be very different for those living with domestic abuse. While most of us look forward to peaceful celebrations, some face fear and uncertainty as the holidays approach.

There is a worrying pattern of data which shows that reports of domestic abuse spike during the festive season. Women’s Aid typically experience a 40% to 50% increase in calls during, and shortly after the Christmas period. The data is uncomfortable. More difficult, is the likelihood that these statistics do not show the full picture.

Why does domestic abuse escalate at Christmas?

‘Permission’ to drink alcohol is liberal at this time of year. Social events are a plenty and we’re encouraged to indulge in an alcoholic tipple from the comfort of our own homes. For some however, increased alcohol consumption can drive aggression and diminish inhibitions, exposing those suffering from domestic abuse to heightened volatility and an increased risk of harm.

Buying gifts, hosting parties and laying on a festive spread is a costly affair. Where financial abuse is a feature of a relationship, these additional monetary expectations can add pressure to what may already be a tenuous situation, particularly if money is tight.

The reality of family tensions and feeling forced to spend time with others can increase the potential for a perpetrator to lash out. Frustrations may rise, tempers flare and victims may be exposed to the fall out.

Schools close for two weeks, many businesses shut down and people take time off work to recharge. Victims of domestic abuse may feel trapped and isolated, with nowhere to escape to if their home starts to feel unsafe. Although some charities and front-line services do remain open over the festive season, the perception can often be that support is not available.

What support is available?

Thankfully, there are many charities who can support those experiencing domestic abuse, whether at Christmas or another time. Some of those include:

• Refuge’s National Domestic Abuse Helpline
• Women’s Aid
• The Men’s Advice Line UK
• Galop (for the LGBTQIA+ community)
• Samaritans

Crucially, if you or someone you know is at an immediate risk of harm or danger you should call 999 and speak to the police. 

What can the police do? 

Some forms of domestic abuse are criminal offences. If reported, the police can issue a Domestic Violence Protection Notice which excludes a perpetrator from their property for 48 hours. Once this expires, the police can apply for a Domestic Violence Protection Order which remains in place for a period of 28 days, allowing time to seek further protection.

What other protection is available? 

You may apply to the court for an injunctive order under the Family Law Act 1996. The court has the power to make a non-molestation order, or an occupation order.

An injunctive order can have serious consequences therefore the court requires clear evidence to demonstrate why an order may be necessary. The court must balance what harm an alleged perpetrator might face if an order is made, against the risk of harm to the alleged victims if an order is not made.

Non-molestation orders

A non-molestation order can protect individuals from harassment, threats, intimidation, or violence from someone they are associated with. The order can restrict an individual from contacting, communicating or being in proximity to the person who the order is trying to protect - this can include children.

An ‘associated person’ can be:

• A relative
• A current or former spouse, civil partner, or a fiancé(e)
• Someone you are or were in an intimate relationship with
• A cohabitant or former cohabitant
• Someone who shares parental responsibility for a child with you
• Parties involved in the same family proceedings; or
• Children can also apply for an order against their relative

It is a criminal offence to breach the terms of a non-molestation order. Any individual that does so can be arrested and may be imprisoned or held in contempt of court. The same powers of arrest may be attached to an occupation order if the court considers it appropriate.

Occupation orders 

An occupation order can decide who lives in a property and who must leave. It can determine an individual’s ability to enter, approach or live in a property, or a specific part of their property.

The order can also specify certain conditions in connection with the new living arrangements, such as who will pay the mortgage and utility bills. To apply for an occupation order, at least one person will need to have an interest in the property.

What if it’s an emergency? 

It may be safer for an order to be made without the other person being aware of the application. These are known as "without notice" or "ex parte" orders. These applications can be lodged at court on an urgent basis and are dealt with quickly. The court will always arrange a further hearing so that both individuals can have their say once the immediate urgency is taken out of the situation and the vulnerable person or people are protected.

Protective orders are not permanent and are typically made for a period of between 6 and 12 months. This temporary relief can be invaluable as it allows victims an opportunity to plan for their future, safely and without the fear of perpetual abuse.

How long does an injunction last?

Protective orders are not permanent and are typically made for a period of between 6 and 12 months. This temporary relief can be invaluable as it allows victims an opportunity to plan for their future, safely and without the fear of perpetual abuse.

If you are worried about domestic abuse this Christmas, we can help. Acting quickly can make a real difference, so seeking legal advice as soon as possible is recommended. Our team of experienced family solicitors can provide tailored advice to help you assess whether applying for an injunction is the right step. Sometimes court proceedings can be avoided, but if they are necessary, we can support you through the court process and help you to navigate a pathway towards a safer future.

If you would like any further information in connection with the contents of this article, please contact Evie Jenkins.