Every two weeks Homer was away on business for four days.
Maria constantly criticized Homer in respect of everything. She complained about the way he dressed, his haircut, the décor of the flat, his untidiness and generally undermined him. Homer became increasingly unhappy about Maria’s criticisms. He would often rummage through her handbag and go though her personal things in her room. Although Maria asked him repeatedly to stop his reply was “This is my flat and I can do as I like.”
Two weeks ago Maria came back to the flat to find Homer using her mobile phone. She was very angry and tried to snatch the mobile phone off him. He hit her in the face, knocking her to the ground unconscious. She recovered consciousness several hours later and she called a friend who took her to hospital. She was diagnosed with a concussion and went back to the flat two days later. Homer behaved as if nothing had happened.
A few days ago Maria complained to him about the mess in the kitchen and he slapped her in the face very hard causing extensive bruising. Homer was shocked that he had reacted violently again to Maria’s criticisms and apologized profusely saying that he would seek help.
In the above situation, it is necessary to look at the relationship between Maria and Homer. As they have separate bedrooms it is necessary to determine whether the court would regard them as a couple. It could be argued that in many respects they are living together as though they are married, however, the fact that they have remained in separate bedrooms could be used as evidence to show that they are living separate lives. With reference to the Domestic Violence, Crime and Victims Act 2004 the use of non-molestation orders and occupancy orders can be explored to determine whether the court may resort to excluding Homer from the property.
Within UK legislation there is no statutory definition of domestic violence. Under the term domestic violence, the authorities usually regard .such behavior as a criminal although not all such classified behaviour is criminal. .