Shouting at your partner can now legally constitute domestic violence
By Melanie Bridgen, Smith Partnership
In a landmark decision at the Supreme Court, Lady Justice Hale leading a bench of 5 justices held that shouting at your partner can now legally constitute domestic violence.
The case in question concerned a woman who left the council flat that she rented with her husband after her husband allegedly shouted at her in front of their children and denied her housekeeping money. It was further alleged that he did not treat her like a human being.
Mrs Yemshaw asked Hounslow council to rehouse her as a result of her husband’s behaviour. Initially the Council and the lower courts took the view that as there had been no physical attacks Mrs Yemshaw had not suffered violence within the meaning of the Housing Act 1996 and therefore there was no obligation upon the council to offer alternative accomodation to her. The Supreme Court have now held that the meaning of the word ‘violence’ has moved on since the Housing Act was enacted and that violence can in fact mean abuse such as verbal insults, shouting and witholding money.
There is now much deliberation within the legal world as to the actual implication of this decision. There are fears that this decision will encourage unscrupulous individuals to abuse the system.
Victims of domestic violence currently have the protection of the provisions of the Family Law Act 1996. This enables them to apply to the Court for a Non-Molestation Order, commonly referred to as an injunction, prohibiting their ex-partners from perpetrating further violence against them. Further there can be provisions that the ex-partner cannot come within so many metres of the Applicant’s property. If the individual circumstances warrant it, the Court could also grant an Occupation Order. This means that the Court can order the ex-partner to vacate the family home in order for the Applicant to remain there safe from abuse. This often means that the ex-partner themselves is then rendered homeless.
The Family Law Act does already deal with cases falling short of physical violence. Judges have always taken a pro-active approach when dealing with Non-Molestation Orders and often an order will contain provisions preventing the ex-partner from ‘intimidating, pestering or harassing’ the Applicant. Whilst this may not be physical violence it deals with the emotional abuse suffered by many Applicants. However, the burden of proof has always been on the Applicant to show that the Respondent’s behaviour was serious enough to warrant Court intervention and that they were at risk of suffering further without Court involvement. Until this decision it would not have been sufficient simply to say that your ex-partner had been shouting at you.
If it is that now the law is moving toward a position whereby merely arguing with your partner consitutes violence and perhaps not giving enough housekeeping could be grounds for a Court Order, then the litgation floodgates could be about to burst open. It is difficult to imagine any healthy relationship whereby there are not occasional raised voices and it is potentially worrying to think that any spousal falling out could ultimately result in one of the parties finding themselves homeless. This having been said there are many cases whereby vicitms silently suffer emotional abuse at the hands of their partners as they do not consider that their suffering is enough to warrant help. This ruling will at least send a message to these men and women that abuse and intimidation of any kind is unacceptable and should not be tolerated. If any one is suffering abuse at home they should seek legal advice in respect of their position. Contact Melanie Bridgen for more information.