Article

World Cup Warning

6th July 2018

With the FIFA World Cup in Russia now well underway and many football fans avidly watching their teams compete in this huge tournament researchers have found a more sinister side to the showpiece event of world international football.

The National Centre for Domestic Violence, the National Police Chiefs’ Council and the BBC have all conducted research into the correlation between football and domestic violence, but the largest research into the topic came from Lancaster University in 2013, which analysed domestic violence figures from the 2002, 2006, 2010 and 2014 World Cups.

In a previous FIFA World Cup held in South Africa in 2010, it was recorded that there was an increase of 29% in domestic violence on the day that England lost to Germany 4–1.

And it doesn’t stop there – Home Office figures dating back to the World Cup in Germany in 2006 showed a 31% rise on the day of England’s opening fixture against Paraguay which resulted in a cagey 1-0 victory for the English.

There are many ways the law can assist a victim of domestic violence.

The first point of call for victims of domestic violence should be the Police. The Police are able deal with cases of domestic violence by issuing the offender with a harassment warning. If incidents of domestic violence were to continue this could lead to arrest and bail. Bail conditions will provide a degree of protection for a victim pending an order from the court, known as a restraining order.

Often it is the case where the Police do not deal with domestic violence cases as the victim feels they should be dealt with. In these scenarios the Family Law Act 1996 and we, as Family Lawyers, can assist.

Under the FLA 1996, a victim of domestic abuse can apply to the court for a Non Molestation Order or Occupation Order. Currently there is no court fee for such an application following the family law reforms which came into force on the 22nd April 2014.

A Non Molestation Order prevents an ‘associated person’ such as a current partner or previous partner from ‘molesting’ or ‘interfering’ with the person applying for such an order and/or a relevant child. ‘Molestation’ can cover more serious offences such as personal violence, but can also cover pestering. For example, an order could be granted against someone who sends persistent and/or abusive text messages to their former partner.

A further protective measure for sufferers of domestic abuse is an Occupation Order. However, there are various provisions relating to these orders regarding rights of occupation. A common scenario in which an Occupation Order may be utilised is preventing a former partner from entering or attempting to enter a property. Orders such as these can be issued separately or in conjunction with one another to maximise protection for the applicant.

In extreme circumstances, both Non Molestation and Occupation Orders can be obtained without notice. This means that an order can be granted without the other party knowing an application for such an order has been made. This is common with Non Molestation Order but is less so with Occupation Orders. Both types of order typically last for 6-12 months and can then be extended if necessary.

It is a criminal offence to breach a Non Molestation or Occupation Order.

Although there are protective measures such as these in place to keep victims of domestic violence safe, not all cases have to go this far. A letter from a lawyer to your partner outlining the repercussions of further harassment may be enough to prevent future incidents of domestic abuse without making an application to the Court.

Harrison Clark Rickerbys Limited Solicitors offer a vast range of services including advice regarding domestic violence. The department has a vast knowledge of family law and domestic violence and is currently ranked top tier for family law in the West Midlands.

For further information regarding domestic violence, please visit Victoria Pratt’s profile who is our domestic abuse specialist.

For any Family Law queries, please call us on 01905 612001 to speak to a family law specialist and to book a 1 hour initial appointment with one of our experienced family lawyers.

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