Domestic abuse cases rising, Family Court Statistics show

The Family Court Statistics published by the Ministry of Justice (MOJ) for the quarter January to March 2021 reveal that there has been an increase in both the number of domestic violence remedy order applications and orders made. There was an increase in the number of applications by 12% compared to the equivalent quarter in 2020, and the number of orders made increased by 13% over the same period.

In the quarter January to March 2021 there were 8,974 applications made for a domestic violence remedy order, which is an increase of 12% on the same quarter in 2020. Most of the applications were for non-molestation orders (86%) compared to occupation orders (14%) which statistics show have remained proportionally consistent in recent years. Applications for non-molestation orders in January to March 2021 increased by 16%, whereas applications for occupation orders were down by 10% compared to the same period in 2020.

There were 10,057 domestic violence orders made in January to March 2021, which is an increase of 13% on the same period last year. 95% of those were non-molestation orders and 5% were occupation orders, with non-molestation orders up by 16% and occupation orders down by 15% compared to the equivalent quarter in 2020.

It is evident that the lockdown situation as a result of the covid-19 pandemic has brought an increase in domestic violence, with victims having less opportunity to leave abusive partners. The National Domestic Abuse Helpline recorded call increases of 66% during lockdown and a 300% rise in visits to its website.

Additionally, police forces have been using a power to release alleged perpetrators without bail conditions, referred to as “released under investigation”, since 2017 and is also thought to be a possible driving factor behind the rise in domestic violence remedy cases, as victims seek protective orders through the courts.

In the wake of rising domestic abuse cases, legislation passed this year is a welcome development that may be used alongside other tools such as the MOJ Harm Report and Court of Appeal decision in Re H-N and Others to deal with cases of domestic abuse. The Domestic Abuse Act 2021 passed on 29th April has been hailed as “transformational” by many family law professionals as it includes developments such as a comprehensive definition of domestic abuse, and prohibits the cross-examination of the alleged victim by the alleged perpetrator. The publicity regarding the Domestic Abuse Act (which was signed into law shortly after the time period covered by this data) may have also impacted data levels in this quarter.

A new initiative has also been created to tackle the serious findings of the MOJ’s Expert Panel on Harm in the Family Courts. The Cafcass Domestic Abuse Learning and Improvement plan, which was established in September 2020, provides key priorities to strengthen practices with children and families who have experienced domestic abuse. The plan outlines how providing clarity and explanations around decisions, and improving the effectiveness of case management, can improve the experiences of children and families using the Cafcass service.

The Family Court Statistics can be viewed here.