Separation from an abusive partner does not always mean the end of abusive behaviour. With post-separation abuse an ex-partner is trying to exert control, intimidate, or harm their former partner, often using new tactics. It is important to understand what is involved in post-separation abuse and the legal and practical options available to help prevent it.
What is post-separation abuse?
Post-separation abuse may happen in cases where children, shared assets, or ongoing legal matters create ongoing interactions between the parties. The perpetrator will continue to harass, intimidate, or exert control over their former partner with the aim to maintain power or retaliate for the perceived loss of control.
What are the common forms of post-separation abuse?
Post-separation abuse can include emotional manipulation and harassment through messages, calls, or public embarrassment; financial abuse – for example withholding child support or delaying the division of assets to cause financial strain; and coercive control, stalking and physical intimidation.
How can I deal with post-separation abuse?
Dealing with post-separation abuse requires both emotional resilience and practical steps. You should document and keep a record of any abusive communications or incidents; set boundaries and limit contact – where communication is necessary, mediation or a third-party service can help reduce direct interactions; seek support from friend and professional counsellors; and talk to a family law solicitor to understand the legal options available to you.
Is domestic abuse that takes place post-separation now a crime?
Domestic abuse after separation is recognised as a crime under an expanded definition of controlling or coercive behaviour. On 5 April 2023 a legal change came into effect which allows for the prosecution of such behaviours occurring after separation. Incidents that took place before this date cannot be prosecuted under this law but can be used as evidence to establish a pattern of behaviour or provide context during any legal proceedings.
Legal and protective measures against post-separation abuse
There are a number of legal protections available, including: Non-Molestation Orders that prohibit an abuser from contacting or harassing the victim; Restraining Orders that prevent the abuser from approaching or intimidating the victim; Occupation Orders that require the abuser to leave a shared home; Child Arrangement Orders that are designed to regulate how children are cared for; and Police Intervention where victims can report incidents of harassment or abuse to the police, who can issue protective notices or pursue criminal charges.
As a family law solicitor near Milton Keynes Hawkins will be able to advise you on the options.
How we can help
Our team of specialist family law solicitors has extensive experience with cases of post-separation abuse. We provide compassionate support, expert legal advice, practical solutions, and discretion and confidentiality. If you’re experiencing post-separation abuse, don’t face it alone.
As leading family lawyers near Milton Keynes, contact us today for a confidential consultation. We’re here to help. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, divorce lawyers in Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.
This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.