Whether you love it or loathe it, the long running Radio 4 drama, The Archers is being talked about all over the place right now. The domestic abuse storyline involving Rob and Helen reached a dramatic climax on Sunday night. Helen was on the verge of leaving Rob and in a horrifying episode ended up stabbing him as he was about to attack her son Henry.
There has been a huge amount of comment criticising the storyline and suggesting that it is turning the gentle country based drama into a radio version of Eastenders. No doubt the next phase of the storyline will be Helen’s journey through the criminal justice system. The sad reality is that domestic abuse is all too common and it happens as readily in leafy, country villages as in tough inner cities.
The Archers’ writers have had a huge amount of input from domestic abuse charities in coming up with the storyline. Listeners have heard over time Rob chipping away at Helen’s confidence and self-esteem. Fans of the show have been yelling at their radios and wondering how an independent, opinionated young woman like Helen could find herself in a situation like this but Helen’s story is sadly all too realistic.
Fortunately, not every case ends like the Archers storyline. Sadly although it is very common for women to be killed by an abusive partner, many women manage to get out of the abusive relationship and make a fresh start. The time when a woman is most at risk is the point she has resolved to leave. Organisations like Women’s Aid provide invaluable support for women who have nowhere else to turn.
It is important if you or someone you know is facing a domestic violence situation to remember that the police now have dedicated domestic abuse teams and most family lawyers would say that the police should be a the first port of call.
The civil courts also offer protective remedies and this is most commonly where a family lawyer would come in. It is possible to apply for an interdict with a power of arrest attached to it. An interdict simply prevents a person from threatening and abusing another person and from using violence or the threat of violence. At common law if such an order was breached, it then needed a separate court action for breach of interdict to be raised before the court could censure the wrongdoer.
Recent Scottish legislation has given this remedy more teeth by allowing the courts to attach a power of arrest. This means if the interdict is breached, the wrongdoer can automatically be arrested. The type of conduct that would justify a power of arrest can include controlling and threatening behaviour that falls short of physical violence. The court can now determine that an interdict is a domestic abuse interdict and this means that automatic criminal sanctions will follow if the order is breached.
Family lawyers handle these difficult cases with sensitivity and tact. We appreciate how hard it can be to get up the courage to even speak to one of us in these situations.
