Protection from domestic violence / injunctions

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.” This section explains briefly:

Action you can take for your safety
Sources of help for victims of domestic violence
How the police can help
Take domestic violence seriously
Court orders to protect victims of domestic violence
What the courts can do if injunctions or undertakings are breached

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

It is difficult for victims of domestic violence to take the steps they need to take to be safe. These organisations provide advice and support, and 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)
Wales Domestic Abuse Helpline  (0808 80 10 800)
Male Advice and Enquiry line (0845 064 6800)
National Women's Aid http://www.womensaid.org.uk/
Welsh Women's Aid  http://www.welshwomensaid.org/ (02920 390 874)
Rape Crisis Federation http://www.rapecrisis.org.uk/
Refuge http://www.refuge.org.uk/ (0808 2000 247)

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 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, the effective investigation and 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.

Where there is evidence of criminal offences the police refer the case to the Crown Prosecution Service who decide on prosecution. The CPS, not the victim, decides whether a domestic abuser should be prosecuted. The decision to prosecute domestic abusers is made by the CPS not by the victim.

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Take domestic violence seriously

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.  But 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.

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Who can apply for these Injunctions?

There are some restrictions on who can apply for a Non-Molestation Order or an Occupation Order but if you are entitled to live in the home because you own it (including where there is a mortgage, you are a tenant (your name is on the rent book) or you are the husband, wife or civil partner of the owner you can apply. You can also apply if you are an 'associated person' this means you are related, have lived together, have shared a house (but not as landlord and tenant) or have had an intimate personal relationship with the other person.

You cannot get an Occupation Order or a Non-Molestation Order against other people, for example neighbours, someone you went out with a few times or know from work who is harassing or stalking you, but the courts have other powers to make orders to protect you in such cases.

The judge decides whether to make the order. He or she will hear evidence from you and other witnesses and the abuser and decide what orders to make. If the court is asked to make an Occupation Order the Judge must compare the harm to the alleged abuser (and any child they are caring for) of being excluded with the harm to the victim (and any child they are caring for), which is attributable to the abuser's conduct.

What the courts can do if the injunction or undertaking is breached

If there is a Non-Molestation Order or a power of arrest was added to an Occupation Order, the police can arrest the abuser for breach of the injunction and keep him in custody until he is brought before the court. There must be a hearing so that a judge can decide how to deal with the breach and the abuser can be represented. The victim may need to give evidence.

If there is no power of arrest or the court accepted an undertaking from the abuser, the victim has to go back to court and apply for the abuser to be committed if he breaches the order. This is a formal process and the court will need to consider evidence to decide how serious the breach is.

In either case, the abuser can be sent to prison for breaching the injunction.

Further information

You can find out more about how the courts deal with domestic violence from the Her Majesty's Courts Service guide to the Family Law Act 1996.
 
The Community Legal Service also produces a leaflet on Domestic Violence, Abuse and Harassment.

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