Protection from domestic violence / injunctions

Common Defintion of Domestic violence

Domestic violence includes, “Any incident of threatening behaviour, violence or abuse (psychological, sexual, physical, financial, emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.” 

Protection from domestic violence

Action you can take for your safety

The best way to protect yourself through the legal process is to find a family law solicitor.

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Sources of help

The following  organisations provide advice and support and some can help women find a refuge, a safe place to stay:

Freephone 24 Hour National Domestic Violence Helpline, run in partnership between Woman's Aid and Refuge(0808 2000 247)

Male Advice Line and Enquiry ( MALE) http://www.mensadviceline.org.uk (0800 801 0327)

National Women's Aid http://www.womensaid.org.uk/
Rape Crisis Federation http://www.rapecrisis.org.uk/
Refuge http://www.refuge.org.uk/ (0808 2000 247)
Respect www,respect.uk.net (0845 122 8609 (help for perpetrators of domestic abuse)

The Dyn Project (Y Cynllun Dyn) providing accessible support to men who experience domestic abuse in Wales (0808 801321)

Wales Domestic Abuse Helpline  (0808 80 10 800)
Welsh Women's Aid  http://www.welshwomensaid.org/ (02920 390 874)
Woman's Aid and Refuge (0808 2000 247)

Refuges

Refuges provides temporary accomodation for victims of domestic violence and their children.  Women can go to a refuge whether or not they have children.  There is no limit to the length of time of stay.  Some refuges also provide outreach services to support women and children in their homes, and after they leave a refuge.  Refuge staff help women and children to get the services they need, including benefits and legal advice, and provide emotional support.

Finding a place in a refuge

The police or local authority social services department can help find a place in a refuge.  You can also call the 24 hour Domestic Violence help line 0808 2000 247.  Contact Refuge for more information.

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Practical information on injunctions/ the police or criminal proceedings and useful guidance.

Court orders to protect victims of domestic violence

The family courts can make orders called injunctions to stop abusive behaviour and protect victims or children.  There are two different sorts of injunction orders, non-molestation orders and occupation orders.

Instead of making orders the court can accept undertakings, that is, promises by the abuser not to do things like pestering or hitting the victim, or to leave the victim's home or stay away from the neighbourhood.  However the court can not include a  power of arrest with an undertaking.  If you are not happy about the matter being dealt with in this way tell your solicitor, or if you do not have one tell the judge.

For information on how to obtain an injunction and who can apply and information on what to do on breach of an order please click here.

Forced Marriage Protection Orders

The Forced Marriage (Civil Protection) Act 2007 came into force on the 25 November 2008.  This Act enables courts to prevent forced marriages and protect those already forced into marriage.

Under the  Act a court may make a Forced Marriage Protection Order to prevent a forced marriage from occuring, by requiring the person  responsible to;

There are currently 15 specified county courts that hear applications made under the Forced Marriage Act.  These courts are;

The Principal Registry of the Family Division
Birmingham Family Courts
Blackburn County Court
Bradford County Court
Bristol County Court
Cardiff Civil Justice Centre
Derby County Court
Leeds Combined Court
Leicester County Court
Luton County Court
Manchester County Court
Middlesbrough County Court
Newcastle County Court
Romford County Court
Willseden County Court

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Specialist Domestic Violence Court (SDVCs)

As part of the Co-ordinated Community Response SDVCs have been set to link criminal justice, statutory and voluntary sector services and interventions into a multi- agency response that puts victims and their safety at the heart of the Criminal Justice System (CJS) and holds perpetrators to account.

 

How the police can help

The police are legally bound to take reasonable action within their powers to safeguard the rights of victims of crime and children. Police forces have special Public  Protection Units (Domestic Violence Units or Family Protection Units) with officers trained to respond to incidents of domestic abuse.

Police action at all stages should ensure the effective protection of victims and children, and effective investigation to enable the criminal justice system to hold the offender to account. It is the decision of the police officer whether or not to arrest a suspect. Guidance to the police makes it clear that victims should not be asked to decide about this. In practice, where there is a power of arrest the officer will usually use it to prevent further offences and allow the investigation to be completed. Where the officer decides not to use a power of arrest the reasons for this must be recorded and explained to the victim. In any case, the attending police officer must take some positive action to address the situation and conduct a thorough risk assessment.

The police will work wth other agencies and individuals such as Independent Domestic Violence Advisors (IDVAs) in a multi agency setting to ensure that the most serious cases of domestic abuse are dealt with at a Multi Agency Risk Assessment Conference (MARAC).

The main purpose of an IDVA is to addresss the safety of high risk domestic abuse victims and their Children.

A MARAC is a meeting where information is shared on the highest domestic abuse cases between representatives of different agencies.  The primary focus of a MARAC is to safeguard the adult victim.

For further information on IDVAs and MARACs go to http://www.caada.org.uk

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How the Crown Prosecution Service can help

The Crown Prosecution Service (CPS) is the public prosecution service for England and Wales.  Since 2004, the CPS has had responsiblity for authorising charge in cases of domestic violence.

Then police do not refer every compliment of a criminal offence to the CPS.  However, when the police have reasonable suspicion that a suspect has committed an offence invloving domestic violence, the police must refer that case to a prosecutor, who will make a decision whether to charge.

Although the CPS takes into account victims' views and is concerned to make sure that the victim and any children are supported and kept safe, the CPs is not the victims legal representative and cannot act on their behalf.

Saftey of a victim is a primary issue for the CPS when making desisions. stopping domestic violence and bringing perpetrators to justice is a priority for the CPS.

The  CPS works together with the police and other agencies to ensure that all available evidence can be placed before the court and that the victims and any witnesses are supported throughout this process.  After a case is charged the CPS are also obliged through their counterparts in Witness Care Units to keep victims and witnesses fully informed about the criminal justice process.

More information about the CPS Policy for prosecuting cases of domestic violence can be found at:

http://www.cps.gpv.uk/publications/prosecution/domestic/domv.html

Guidance for CPS prosecutors can also be viewed at;

http://www.cps.gov.uk/publications/prosecution/domestic/domv_guidance.html

A leaflet answering victim and witness' frequently asked questions is also available at

http://www.cps.gov.uk/publications/docs.DomesticViolenceLeaflet.pdf

Useful information and links

CAADA (Co-ordinated Action Against Domestic Abuse)
Caada is a charity established to encourage the use of independant advocacy as a way to increase the safety of survivors

 Dads' space 1-2-1, the virtual Child contact Centre - National, free and Safe

Domestic Violence- A guide to Civil Remedies and Criminal Sanctions

Family Process DVD "You Dont Have to Live in Fear" Home Office Domestic Violence Mini-site Ministry of Justice Domestic Violence Newsletter
If you would like any further information on the projects and newletters and initiatives mentioned in the newsletters please contact Bola Aggrey-Finn on 020 3334 3111 or by email:  Bola.aggrey-finn@justice.gsi.gov.uk

Ministry of Justice Domestic Violence page New Domestic Violence Leaflet "Supporting a friend or relative" Women's Aid  Expect Respect Toolkit
The Womens Aid Expect Respect educational toolkit consists of one easy to use 'core' lesson for each year group from reception to year 13 and is based on themes that have been found to be effective in tackling Domestic Violence

Refuge Early Warning Signs Campaign Refuge guidance on Financial Abuse
A guide on the issue of  financial abuse of women experiencing domestic violence.

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