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Lifestyle Advice > Domestic ViolenceAlleged McCartney Violence - they are not alone Everyone’s talking about the McCartney split; and now media interest has stepped up a gear. You may have read about the leak of documents in which Lady McCartney alleged that Sir Paul McCartney violently attacked her during their marriage. The allegations are said to stretch over 13 pages, although have yet to be submitted to court. Sir Paul McCartney, 64, is accused of stabbing his estranged wife with a broken wine glass in a drunken rage which has left her scarred. The allegations also refer to an incident where Sir Paul is said to have pushed her over a coffee table. It is also alleged that he pushed her into the bath in a hotel in Rome when she was four months pregnant.
As the case unfolds we will no doubt hear more about the allegations as the bitterness of their relationship breakdown is played out in a very public arena. Few of us face such public scrutiny but domestic violence is a reality faced by all too many people and is an issue relevant to all relationships. Domestic violence is any incident of threatening behaviour, violence or abuse between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality. Police or the Courts? It’s worth stating from the beginning that domestic violence is a crime and that the police can often deal with the matter without the need for solicitors to make an application to the Court. However, the police often suggest that a victim contacts a solicitor because there are some cases that the police cannot help with so easily, particularly where there has not been any physical violence. If the police have arrested and charged someone with an act of violence then it is likely that they will be prevented by bail conditions from contacting the victim or returning to the family home whilst their bail conditions are in place. These conditions are usually enough to protect a victim and she or he will not require a Court order at that time because a breach of bail conditions can lead to the person being sent to prison. It is often possible to deal with many of the issues surrounding bad behaviour (rather than actual violence) by way of a warning letter written because sometimes they may not have realised that their behaviour is causing such upset. Emotions do run very high when a relationship breaks down and someone constantly telephoning or coming around to the house declaring their love can be very upsetting and intimidating – this is usually best dealt with by way of a stern letter advising them to stop doing whatever it is and think about their behaviour. A Court Order There are two main types of orders available - an occupation order and a non-molestation order. These are often referred to as “injunctions”. The first Order would exclude the offending person from the property and the second would keep them away. The type of Order needed varies depending on the circusmstances, such as where you are living and the financial resources available to each party. If an Occupation Order is made it can be for a specific period of time, indefinite or until a certain event happens (ie a child reaches a certain age for example). A non-molestation order will contain a restriction upon the Respondent (the one carrying out the violence). “Molesting” can be actual violence but also threats and actions which make the victim feel threatened and can lead to mental or physical health being damaged. To obtain an order there must be or have been a certain relationship between the person seeking the order and the person who will be the subject of the order (the respondent). This relationship can be people who were a couple (whether married, in a civil partnership or not), parents, children, grandparents, grandchildren, brothers, sisters, aunts/uncles and nieces/nephews or the relatives of your ex-partner. The requirement for a relationship therefore excludes people like landlords and tenants or people in working “relationships” such as a boss and employee. The order itself can last for any length of time although the most common are three to twelve months in length because it is hoped that the behaviour will stop once the order is in place of course. When the Judge makes an order he has the decision whether or not to attach a power of arrest to certain parts of either a non molestation order or an occupation order. He should attach one if he is satisfied that the respondent has used or threatened violence unless the Judge believes that the order alone will provide enough protection. No order is effective usually until the actual document has been served upon the respondent – he or she has a right to know they can be arrested for something and that they can or cannot enter a property. If you believe you are or have been the victim of domestic violence, you should contact the police and a matrimonial solicitor immediately. Domestic Violence – Facts and Figures Research estimates that domestic violence:
Article written by Davina Warrington. Davina is a specialist in divorce and family law and regularly advises individuals who are victims of domestic violence. Call Davina on 01283 541598. |
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