Baby Reindeer: Netflix’s new show considering the nature and impact of stalking

Posted on 22nd April 2024 by McAlister Family Law

Baby Reindeer: Netflix’s new show considering the nature and impact of stalking

“Baby Reindeer” is one of the most popular shows Netflix has to offer right now. Based on the creator, Richard Gadd’s, real life experiences, we are taken on a dark journey that explores the harrowing impact that stalking, harassment and sexual abuse has on its victims. Here, McAlister Family Law’s Nicola Bradley looks at how the law protects those being stalked.

Stalking involves a repeated pattern of obsessive behaviour that causes the victim to feel alarmed or distressed and possibly in fear for their personal safety. You can be stalked by someone you know very well, for example a family member or someone you have had an intimate relationship with, or by a total stranger whom you have never met or spoken to before.

Stalking is an insidious crime that often makes victims feel very frightened and anxious. Whilst the behaviour of stalkers varies from case to case, the repetitive nature of their unwanted attention is the common link flowing through their victim’s narratives. Whilst some stalkers may shower their victims with constant emails, texts and calls professing how much they love and admire them, be in no doubt that stalking has nothing to do with love. It is about power and control.

Any boundaries that you attempt to put in place with a stalker will be violated. Stalkers do not see their victims as individuals in their own right, they see them as possessions and objects that they have exclusive rights to.

A stalker will also engage in other abusive behaviours as their fixation intensifies. Their behaviour can escalate from a bombardment of messages, to turning up at your home or place of work, threatening your life of the lives of those you love and ultimately, they could become physically and\or sexually violent.

Similar to a cat toying with a mouse, stalkers thrive off instilling a sense of fear in their victims because it makes them feel powerful, untouchable and omnipotent. For the stalker, any attention or validation from the object of their fixation is enough to feed them and fuel the obsession further.

Victims of stalking are protected under the Protection from Harassment Act 1997 which makes this behaviour a criminal offence that can ultimately carry a prison sentence. If the stalker is someone close to you such as a family member or an ex-partner, you can apply for a Non-Molestation Order which will prevent the stalker from being able to contact you or even prevent them from coming within a certain distance of you and/or your home.

To assist victims in identifying whether the behaviour they are experiencing maybe categorised as stalking, the police have set out the following four warning signs:

Fixated

Obsessive

Unwanted

Repeated

It is very important to document any and all evidence you have of the stalkers behaviour within a chronology as this may assist the police in taking action against them.

If at any stage you feel as through your personal safety of those of others is at immediate risk, you must call 999 immediately and secure your safety and\or those of others. Victims of this crime should not attempt to reason with, excuse or rationalise the stalker’s behaviour, they are often unpredictable and have little to no control over their actions and obsessive nature.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Posted on 6th April 2023 by McAlister Family Law

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Pregnancies can be a joyous occasion, with both prospective parents doing everything to ensure that their developing baby is born into a loving family, have a good upbringing and grow into a well-adjusted adult. However, the Domestic Abuse Report 2022 and annual audits paint a very different and concerning picture. Here, Ruth Hetherington looks at the stark reality of domestic abuse against pregnant women.

The stark reality of domestic abuse against pregnant women

It is reported that 20-30% of pregnant women report incidents of physical violence, 14% reporting severe or life-threatening violence. Around 36% of women experience verbal abuse during pregnancy and the statistics also reveal that 20% of pregnant women report sexual violence.

These reports are shocking and give stark clarity to the extent of domestic abuse in pregnancy, which shows no regard by abusers as to their partner but more importantly the baby. There is a distinct lack of understanding of domestic abuse generally, but particularly the impact and effect on an unborn child cannot be dismissed or ignored.

The key findings of the Audit Report Year 2020-2021 show that most women accessing domestic abuse support services have children, and 7.3% of women seeking support services are pregnant women in refugees.

The physical risks to pregnant women are significant, with injuries reported to be sustained to the head, neck, broken bones, and punches to the stomach. Much of this information would be repugnant to many, but it can form a pattern of coercive control behaviours, which can escalate when pregnant. It creates a dependency and a sense of hopelessness, which means women are left in a vulnerable state, with nowhere to turn, particularly if they lack the strength to be able to leave.

The impact on the child

Babies that grow up within an environment where domestic abuse is a factor will be negatively impacted. It must be a scary environment for any child to witness and grow up in such circumstances, but babies are just as affected as any other child, given their vulnerability in lack of mobility or verbal comprehension.

Children do and can develop maladaptive coping strategies which can put themselves at risk as they feel a responsibility for their parent who is suffering from such abuse. This feeling of responsibility is often heightened when their mother is pregnant. Children can be supported by domestic abuse services, however, these services are limited, depending on the area where you live.

The unfortunate reality of abuse and what victims can do to protect themselves and their children

Unfortunately, women who are unable to break free from their abuser can often be blamed by professionals with allegations of failing to protect their unborn child, which can lead to the possibility of having their child removed at birth.

This does not seem fair or just. It takes incredible strength to leave an abusive relationship, especially when there is a developed dependency and pregnancy. Feelings of being trapped, being alone and nowhere to turn to are common.

There needs to be a real focus on situations of this nature to help vulnerable women but more so children, who can suffer in in such circumstances by getting hurt physically and suffering psychologically and emotionally. If you or anyone close to you are suffering any form of domestic abuse the Government have produced a helpful guide which provides useful telephone numbers.

McAlister Family Law helps, advises and supports those suffering any form of abuse, whether that be physical abuse or coercive control, and our specialist Children team can guide you through ways in which to protect yourself and your children.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

Posted on 2nd March 2023 by McAlister Family Law

Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

New laws will soon be introduced to protect victims of domestic abuse from having to deal with the other parent, if they are the perpetrator of the abuse, in regard to child maintenance applications. Here, Melissa Jones, Senior Associate, looks at what this means for domestic abuse victims and how the Child Maintenance Service is going to support them.

It’s not physical violence, is it Domestic Abuse?

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

In addition to the above, you might feel anxious about claiming child maintenance from the other parent, if they have been abusive towards you, because they might use a child maintenance application as a way to further contact you, harass your, intimidate you or as a way of exerting financial control.

What is Child Maintenance? Can I claim this?

All parents have a responsibility to provide financially for their child even if they live apart from the child and the other parent. Child maintenance can make a significant difference to a child’s wellbeing and the quality of family relationships. Child maintenance is the regular, reliable financial support parents provide for their child when they separate. It can help towards a child’s everyday living costs and give them the best start in life.

Child maintenance can be agreed voluntarily between parents. If an agreement cannot be reached, then an application can be made to the Child Maintenance Service (CMS) – a government body that assesses one parent’s financial means and can make a mandatory requirement that he or she pays child maintenance to the other.

The amount of child maintenance that will need to be paid will depend on a number of factors. For further information visit the Government website.

How will the Child Maintenance Service help me?

Under the new measures soon to be introduced, the CMS will:

Give you the choice, as a survivor of domestic abuse, to allow the CMS to collect Child Maintenance and make payments on your behalf. This would be without the consent of the abusive ex-partner.
Be given powers to report suspected cases of financial coercion to the Crown Protection Service.

Senior Associate, Melissa Jones comments “this is a very helpful and proactive step in tackling domestic abuse and practically assisting survivors of domestic abuse. Sadly, help for a victim is not only needed when they are still with perpetrator but long after too, and with Child Maintenance claims, protection might still be needed after the relationship has ended to prevent further emotional and financial control. The new measures are much needed, and will no doubt help a number of domestic abuse survivors in difficult times and adds an extra layer of protection as they move on with their lives.”

If you believe you are, or someone you know is suffering from domestic abuse, then there are ways to help you, and them. At McAlister Family Law we can help victims of domestic abuse by advising them on the most appropriate course of action in their particular situation,

If you are anxious about claiming child maintenance, want to learn more about your rights pet and want some advice, then contact our team of family experts who can advise you further.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Sources

https://www.familylawweek.co.uk/site.aspx?i=ed235424

The call for fewer Fact-Finding Hearings

Posted on 23rd May 2022 by McAlister Family Law

The call for fewer Fact-Finding Hearings

In response to recent news, Associate Melissa Jones looks at the comments made by the President of the Family Division, Sir Andrew McFarlane at Resolution’s annual conference in Birmingham.

Sir Andrew McFarlane looked at the “default position” in cases where domestic abuse allegations are made and the need to have a fact-finding hearing. His comments were “There was an urban myth among some judges that the Court of Appeal in HN said there needed to be more fact-finding. That needed to be clarified.”

The court must at all stages of the proceedings, and specifically at the FHDRA, consider whether domestic violence is raised as an issue, either by the parties or Cafcass (Child and Family Court Advisory and Support Service) or otherwise. The Court will decide whether a fact-finding hearing is necessary by reference to the revised Practice Direction 12J Child Arrangements & Contact Order: Domestic Violence and Harm, which sets out what the Family Court should do in any case in which it is alleged or admitted, or there is other reason to believe, that the child or a party has experienced domestic violence or abuse perpetrated by another party or that there is a risk of such violence

or abuse.

If a Finding of Fact Hearing is required, then this is distinct and separate from other hearings. It can be a lengthy process and on average can last anywhere between 1-3 days. In some of the most serious cases of alleged domestic abuse it can last well over two weeks.

Such hearings, often seen as “mini-trials” can be financially taxing not to mention emotionally difficult for the parties involved. It is not an easy task, and a lot of time and preparation is needed coupled with the potential of such hearing causing further damage to the already fractious relationships of the parties.

There is a fine line to be drawn but care should be taken when pursuing the need for a Finding of Fact hearing and the underlying message it that it must be “necessary”. The court has a significant workload as it is, and it is only right that the court prioritises cases that Sir Andrew McFarlane refers to as those that “really do need to be heard”.

If you are affected by any of the issues raised here, please get in touch today. We are here to help you.