Understanding the complexities of financial abuse
At Elysian Law, we recognise the critical importance of addressing financial abuse as part of our commitment to combating all forms of domestic and family violence. Our experienced team is dedicated to empowering people who have experienced financial abuse by helping them regain control by seeking a protection order with specific conditions to address financial abuse behaviour and enforce the law. We provide comprehensive support to navigate the complex legal landscape that surrounds cases of financial abuse, ensuring that every client can move forward towards a secure financial future.
What is financial abuse?
Financial abuse involves controlling a person’s ability to acquire, use, and maintain financial resources, thereby reducing their capacity to support themselves and forcing them to depend on the perpetrator financially. This abuse can occur in any relationship and is often a hidden form of domestic violence. What amounts to financial abuse is different in each case and depends on the overall circumstances. There is no clear set definition of what is financial abuse.
Forms of financial abuse include:
Withholding access to money
Restricting a person’s access to bank accounts or cash, making it difficult or impossible for them to obtain money.
Sabotaging work opportunities
Interfering with work or employment opportunities by harassing them at the workplace, causing them to lose their job, or forcing them to quit.
Misusing funds
Taking control of a person’s money or assets without permission, or coercing them into financial decisions against their will.
Ruining credit scores
Incurring debts in the victim’s name or refusing to pay bills, which adversely affects their credit history.
Impact of physical abuse:
The consequences of financial abuse extend beyond immediate financial hardship. People may experience long-term challenges in securing housing, employment, or loans, severely limiting their ability to leave an unhealthy relationship and maintain independence. The emotional and psychological impacts are profound, as financial abuse can lead to feelings of insecurity, low self-esteem, and isolation.
Legal protections against financial abuse
Victims of financial abuse can access various legal measures designed to protect them and restore their financial autonomy. Elysian Law expertly guides clients through these options:
Police protection notice
Application for a protection order
Temporary protection order
A temporary protection order is an order a court can make at the initial stage of the proceedings. There are certain legislative criteria a court has to be satisfied of before a TPO can be made. A TPO functions similarly to a final protection order but is intended for short term use to protect those in need until a Magistrate can make a decision on the full protection order application. If a condition of a TPO is breached, it is a serious criminal offence.
It is important to seek legal advice and representation prior to the first court appearance to ensure the court has the right to impose a TPO and if so, what are the fair and just conditions of the TPO.
Final protection order
If a final protection order is made by the court it will contain conditions that aim to reduce the risk of future acts of domestic and family violence occurring. If the court makes a final protection order, it can be in place for up to 5 years.
If a person breaches a condition of a final protection order during this time, it can result in being criminally charged and bail being refused. It is important to obtain legal advice and representation prior to a final protection order being made.
How Elysian Law can help
Elysian Law is dedicated to providing considered and diligent legal solutions that address the unique challenges of financial abuse. Here’s how we can help:
Legal Representation
We provide vigorous legal representation to secure protection orders that specifically include conditions for financial protection. Our team ensures that all court proceedings address the financial dimensions of domestic and family abuse.
Guidance Through the Legal Process
We guide our clients through every step of the legal process, from filing the initial application to enforcing court orders. We explain legal rights and potential outcomes, ensuring our clients make informed decisions.
Frequently Asked Questions
What should I do if I suspect I have experienced financial abuse?
If you suspect financial abuse, it’s important to seek legal advice as soon as possible to protect assets that may be lost such as savings and unrecoverable. Contact Elysian Law to discuss your situation confidentially. We can help you understand your legal rights and options, and guide you on the steps to protect your financial interests and personal safety.
How does Elysian Law support clients financially during legal proceedings for financial abuse?
We understand that legal proceedings can be financially straining, especially for people who have or are experiencing financial abuse. At the outset, we provide Fix Fees which are broken down into stages and our fees are achievable making our services an option for people in such situations.
