Stop it coming home – domestic abuse and the World Cup

A study from Lancaster University reports that incidents of domestic abuse increase by 38% when England lose a World Cup game, and, surprisingly, by 26% when they win or draw.

Reported incidents of domestic abuse also rise with each new tournament. Increased alcohol consumption, gambling losses and heightened emotions during the games are thought to trigger these incidents of abuse, and so the charity Solace started the #StopItComingHome campaign in 2018.

Domestic abuse does not always include physical violence, and can also involve other forms which are more difficult to identify such as:

  • Coercive and controlling behaviour
  • Psychological and emotional abuse
  • Financial abuse
  • Harassment or stalking
  • Sexual abuse

Domestic abuse is not a standalone criminal offence but is a term used to describe a pattern of abusive conduct, perpetrated by one person towards another. That conduct can amount to a range of criminal offences.

In the Family Courts, you can ask the court to make a Non-Molestation Order, an Occupation Order, or both to help protect you.

Non-Molestation Orders

A Non-Molestation Order is a court order designed to protect you and your children from domestic abuse or harassment. Typically, they prevent a former partner or family member from engaging in abusive behaviour or contacting you. The court can impose a range of restrictions, and the specific terms of the order will depend on your personal circumstances.

Occupation orders

Occupation orders can prevent your ex-partner or family member from living in your property with you or entering certain parts of it in situations of domestic abuse, even if they legally own or rent the property. When determining an application for an occupation order, the court will apply the ‘balance of harm’ test, weighing up the risk of harm to both parties, and any relevant children, if the order were to be made and will consider the resources of each of you to rehouse. Depending on your financial circumstances, the court can impose an obligation on the other party to pay the mortgage and bills for the property, even if they are ordered to move out.

What about the long-term housing arrangements?

It is typical for Occupation Orders to be granted for around six months. In some circumstances, they can be extended, but generally they are a short-term solution. An Occupation Order does not impact upon legal ownership of a property and will not affect the overall financial settlement on a divorce, and so if you are married, it is important to take steps to resolve the matrimonial finances to secure your housing for the long term. The court has the power to make a wide range of orders, such as the property being sold and the net proceeds divided between you and your spouse, the property being transferred to one party, or even for one party to stay in the property until your children are older. If you rent your property, the court can also order a transfer of the tenancy.

What happens if the order is breached?

Breaching a Non-Molestation Order is a criminal offence. Breaching an Occupation Order can also be a criminal offence if there is a power of arrest attached to the order when it is made. This can result in your ex-partner being imprisoned or fined. If your ex-partner breaches a Non-Molestation Order or Occupation Order, you should contact the police.

Help and support

If you are suffering domestic abuse, our family law specialists are here to assist you. Please contact our Family team to set up your free 45-minute consultation. If you are in immediate danger, call 999.

More information

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About the author

Alexandra began her career in law as a paralegal, before training and qualifying as a solicitor in 2021 at a Tier 1 Legal 500 firm based…

Alexandra Drew

Associate

01277 249 392

alexandra.drew@pinneytalfourd.co.uk