Support with legal options - Refuge Charity - Domestic Violence Help
A new law targeting people who psychologically and emotionally abuse their partners, spouses, or family members has come into force under the Serious Crime Bill. how to identify 'controlling, coercive' behaviour, and who can help . understand why a victim would stay in an abusive relationship. it can be just as damaging and upsetting – and this is reflected in the law. The Serious Crime Act makes behaviour that is 'controlling or coercive” towards in an intimate or family relationship' punishable by a prison term of up to five years. But while this might help us to understand, it can never be used as an. Legal aid helps pay for legal advice, mediation or representation in court - see if you can claim.
How can the Criminal Law protect me? The CPS will decide if there is enough evidence to charge the abuser with a criminal offence such as assault or harassment.
If so, then the abuser must then attend the Magistrates Court to hear the case against him. For many criminal offences, the abuser will have a choice to have his case heard in the Magistrates Court or to attend the Crown Court for trial by jury. However, for lesser criminal offences such as common assault, the abuser can only be dealt with by the magistrates court. This is a court order that will prohibit him from certain future behaviours such as threatening or contacting you, or visiting specific places such as your home or work.
What is emotional abuse?
It is up to the judge whether to grant such an order. There are many different criminal offences that a perpetrator of domestic violence may have committed. Assault There are three levels of assault: Each level depends on the nature of the injuries inflicted and the intention of the perpetrator; Rape A perpetrator is guilty of rape if: Sexual Assault A perpetrator is guilty of sexual assault if he intentionally touches the victim; the touching is sexual; the victim does not consent to the touching and the perpetrator does not reasonably believe that the victim consents.
Having the freedom to choose means being able to make a proper choice about whether to have sex. For example a person who says they were not able to refuse sex due to anticipated violence may not be seen as having a proper choice. They enable women to receive medical help following an incident of sexual violence including forensic medical examination, counselling or other support.
A woman may be taken to a SARC by the police or she can refer herself. One of the advantages of attending a SARC is that it enables a woman to access the support she needs without having to report the offence to the police. She can have samples taken and stored whilst she decides whether or not to report the offence. To find the closest to you visit the Home Office website. Domestic Violence Protection Order This is a court order that can bar a perpetrator from returning to your residence, or contacting you, for up to 28 days.
It can be initiated by the police and extended by the magistrates court. If disclosure is deemed necessary, the information is given to the person at risk, not to the applicant. If disclosure is necessary, trained police officers and advisers can then provide support to victims. However Refuge believes that if a woman is told that her partner has a history of violence, it is not so simple to leave straight away.
Leaving a violent partner is an incredibly difficult step to take. The most effective way to save lives on a large scale is to improve police practice and protect the vital services run by specialist organisations like Refuge. If you have been the victim of a sexual offence such as sexual assault or rape, it is not necessary to prove a mental or physical injury to get compensation because the experience of these crimes is automatically seen as an injury.
You will probably be eligible to receive a set award depending on the type of sexual offence you have experienced.
Domestic violence and abuse - Citizens Advice
In order to be eligible for compensation, you must report the incident to the police as soon as reasonably practicable and within two years of the date of the incident. It does not matter whether or not the perpetrator is subsequently arrested or convicted. If you were under 18 years old at the time of the incident, then you need to apply for compensation within two years of having reported it to the police.
If you and the perpetrator were living together at the time of the crime of violence, you cannot apply for compensation unless you no longer live together and are unlikely to do so again. This restriction is put in place to prevent a perpetrator from benefitting from the compensation claimed.
You can make your own application for compensation.
You will normally be considered to be legally homeless if it is not reasonable for you to occupy your home because of the risk or fear of domestic violence.
Local authorities, or the Housing Executive in Northern Ireland, should deal sympathetically with applications from people who are in fear of violence. You can ask for a private interview, with someone of the same sex, and can take a friend with you for support.
The local authority Housing Executive in Northern Ireland may have a duty to provide emergency accommodation for you while it decides whether you are legally homeless. If it is outside of normal office hours, you should telephone the local authority's emergency out-of-hours number for help with emergency housing.
Going to privately rented accommodation If you decide to go into privately rented accommodation you will be unlikely to be able to arrange it quickly - but it could be an option if you have time to plan your departure. Longer term solutions Once you have found a safe place to stay short-term, you will need to think about what to do in the longer term. You will need to consider: This could include getting an injunction to protect yourself from more violent behaviour known as a non-molestation orderor a court order to sort out who can stay in the family home, for example if you want to stop your violent partner from returning home known as an occupation order.
Your legal rights to the family home will depend upon the type of housing, the legal status of your relationship and whether or not you have children. You should get legal advice to ensure that you do everything possible to protect rights to the family home.
You should seek advice about the family home even if you are leaving permanently because, if your partner sells the home, you may lose money and possessions.
Theories of Criminal Law
Find out more about what happens to your home when you separate. If you have children you will need to decide if you are taking the children with you.
It may be unsafe to leave them behind. You may need to use the courts to resolve who the children should live with and with whom they should have contact. You will need to sort out your benefit entitlement and tax arrangements and whether or not to apply to court for maintenance for yourself.
You may also want to apply to the Child Maintenance Service for them to arrange maintenance for your children. More about child maintenance If you need further information and advice, you should consult an experienced adviser, for example, a solicitor, law centre or Citizens Advice.
You can find your nearest Citizens Advice. Domestic Violence Protection Notices and Orders If you have suffered or been threatened with domestic abuse, the police can issue a Domestic Violence Protection Notice and then apply to the magistrates' court for a Domestic Violence Protection Order.
A Domestic Violence Protection Order can protect you from further abuse, and if you live with the perpetrator, ban them from returning to the home and contacting you.
Theories of Criminal Law (Stanford Encyclopedia of Philosophy)
If the perpetrator does not keep to the Order, they can be arrested and brought before the court. A Domestic Violence Protection Order lasts for up to 28 days and gives you time to explore your options and get further support. The police will give you information if it is necessary to protect you.
The police can also warn you about an individual if they think you are at risk of domestic violence. Getting help from a local domestic violence service or a solicitor If you need further help, you should get advice from an independent domestic violence adviser or a solicitor who is experienced in family law.
Take any relevant documents to the appointment. Call the solicitor's office to find out if they want you to bring any particular documents, such as a passport. Finding a 'no win, no fee' scheme Some solicitors offer 'no win, no fee' as a way of paying for civil cases, such as personal injury. No win, no fee agreements are sometimes known as 'conditional' or 'contingency'. If you win the case, your solicitor will usually be paid by the other side.
If you lose, you won't usually pay your solicitor's fee but you'll still have to pay something. You'll usually have to pay the other side's costs.
You might have to pay your solicitor's expenses. You might be able to take out a special insurance policy before the court case that'll cover your costs if you lose.
The details of what you'll pay will be in the agreement. You should read the agreement carefully. Don't sign it unless you're sure it's right for you. If you want help understanding what the agreement will mean for you, contact your nearest Citizens Advice.
You can find out more about using a solicitor on the Law Society website, including how to: