Domestic abuse is not defined in law in England and Wales and cases are decided on evidence presented to the court. Domestic abuse may be a single act or a number of acts forming a pattern of behaviour. Blakemores believes a victim’s safety is paramount and we will give you the options available to ensure their safety, but it will be the victim’s decision about what course of action they wish to take.
Often asked...
What legal protection can a victim be offered?
In some cases, it is appropriate to send a letter to the perpetrator, recording the incident(s) and demanding a stop to the abuse. The perpetrator should also be informed about what further action may be taken if the behaviour does not stop. In other cases, the victim may apply for legal protection from the perpetrator by way of an injunction.
Initially, we can discuss “a safety plan” with you in cases of an emergency should you not wish to take any formal action.
Can my child be protected?
If your child has been the victim of abuse, then the court can make an order protecting the child as well as yourself.
What types of protective orders are available?
- Non-molestation order to prevent the perpetrator from using or threatening violence, harassing, intimidating, pestering or causing any other person to do the same.
- Occupation order to prevent the perpetrator from coming to a particular address or within a certain area around the address.
- Power of arrest attached to an occupation order. This effectively gives the police the authority to arrest someone who breaches an occupation order.
- An undertaking which is a promise to the court (not the victim) which if breached can be treated as contempt of court, punishable by a term of imprisonment.
What if the orders are breached?
The victim must report the breach of any order immediately to the police, who will attempt to arrest the perpetrator and bring him/her before the court to be sent to prison. The victim must also inform the solicitor of the breach so that they can prepare a committal application.
If the perpetrator denies the breach, the matter will be listed for a contested hearing. If a breach of order is found, the perpetrator will be liable for a term of imprisonment of up to two years.
