Sadly domestic violence is common in this country. Physical or sexual
abuse; emotional bullying; isolation from friends and family; financial
control are all types of domestic violence. It may be perpetrated
by your husband, wife, partner, ex-partner, parents, son or daughter.
There is also a rising number of incidents involving teenage relationships.
There are several things you can do to protect yourself and stop
the perpetrator causing you further harm. You can report the violence
to the police and/or you can obtain an injunction.
Police Powers
The police have power to arrest and charge. They can make it a condition
of bail that the person who has abused you does not make contact
with you in any way. If they do, they will be arrested. After sentencing,
bail conditions will not apply leaving you unprotected. We can help
you obtain a civil injunction against your persecutor.
The Civil Way
The Civil Courts offer a number of remedies to those who have suffered
domestic violence. These can help if you are frightened of pressing
charges or afraid of recriminations by the perpetrator.
The Family Law Act 1996
This Act has made it easier for victims of domestic violence to
seek urgent protection in the form of Non-Molestation Injunctions.
These forbid the perpetrator from using or threatening violence,
harassing, pestering or intimidating you. In addition, we can ask
the Court to attach a Power of Arrest so that if the perpetrator
breaches the injunction they can be arrested and brought back before
the Court.
Making Sure They Leave
The Family Law Act also provides a remedy to have the perpetrator
removed from the home and to forbid him/her from returning (an Occupation
Order). A power of arrest can be attached to the Order to ensure
that the perpetrator is brought back before the Court should they
breach any part of the Order.
Protecting Your Family
Injunctions and Occupation Orders are to protect those who have
suffered domestic violence, including children. Your children may
not be physically harmed but it is important to consider the impact
of emotional harm they may suffer witnessing incidents of violence
or abuse.
Compensation
If you have suffered physical violence and you have reported this
to the police you may be entitled to claim compensation from the
Criminal Injuries Compensation Authority. We can help you with your
application for compensation.
Funding Your Case
At your first interview we will be able to advise you whether you
are eligible for Public Funding (Legal Aid). We will need to see
some proof of your income or evidence that you are in receipt of
benefits.
Support
Victoria Wright is an expert with regard to advising on domestic violence issues and works closely with
several support agencies and refuges in the North West. She is also a member of the Law Society Family Panel.
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