It is estimated that around 2.3 million people aged 16 and over will have experienced domestic abuse in the last year.
Abuse at the hands of a loved one can take many different forms, and for those trapped in the cycle, it can feel impossible to escape. For this reason, the real number of people falling victim to domestic abuse may never be known. Those official statistics also fail to consider victims under the age of 16, such as young children who’ve witnessed a parent being abused.
As the largest legal aid provider for domestic abuse cases in England, our family solicitors are entirely committed to helping victims of abuse break the cycle and access the legal support and protection that they’re entitled to.
If you, or someone you know, is experiencing violence or threatening behaviour, we understand that the fear of not knowing what comes next can be paralysing. To help you move forward, this article will outline the steps that follow a report of domestic abuse.
Will I have to go to court if I report domestic abuse?
You can report domestic abuse at any time. This means you don’t need to wait for another incidence of abuse to take place before you can act. Sometimes, the fear of what happens next can prevent the report being filed.
If you’re concerned that you’ll have to go to court and face your abuser, please know you aren’t alone in worrying about that scenario. You won’t always have to go to court after reporting domestic abuse. But if you do need to attend court, you aren’t expected to attend alone. Your family solicitor can guide you through the process.
If you fear that you’ll have to face your abuser, you can apply for some legal protections on an ‘ex-parte’ or ‘without notice’ basis. This means that your abuser won’t be informed of your application until it’s been granted by the courts.
What legal protections are available after reporting domestic abuse?
Making a report of domestic abuse is a daunting prospect. It may help to know that many police stations (and some emergency call rooms) now have specialists trained in domestic abuse who’ll be on hand to walk you through the process.
After you make a report of domestic abuse, the police will decide whether or not the accused will be arrested. Even if they aren’t charged, you can still access legal protection.
You can apply for an injunction, such as a Non-Molestation Order, an Occupation Order, or a Prohibited Steps Order.
- A Non-Molestation Order prohibits someone from causing you harm. These injunctions are usually granted against a partner or former partner and will last for six to 12 months on average but can be extended. You will need to attend family court for this order to be granted.
- An Occupation Order outlines who can and can’t access the family home. It can award you the legal right to remain in the property. It can also forbid your abuser from occupying that property.
- A Prohibited Steps Order is used as a legal tool where there is concern that a child may be removed from the care of the victim of abuse.
Will the abuser be arrested immediately?
When you report domestic abuse to the police, they will investigate but may not have sufficient grounds to arrest the abuser right away. There are other legal protections that you can access in the interim.
How do the authorities ensure my safety after I report domestic abuse?
There are several legal protections at your disposal as a victim of domestic abuse. If you aren’t able to stay at home, your local authority or other support services such as Refuge or the National Centre for Domestic Violence will step in to help you find a safe place to stay.
You can apply to the family court for a Non-Molestation order to prevent your abuser from threatening you or causing you further harm. You can also apply for an Occupation Order to prevent your abuser from accessing your home.
What evidence will be needed for the investigation?
When you report domestic abuse, you’ll be asked to provide a witness statement. The same is true of an application for an injunction. This could include examples of domestic abuse in the form of diary entries, dates and times the abuse took place and photographs of any physical abuse.
Other forms of evidence, such as expert reports, a previous conviction for abuse or a prior court order, may also be considered.
What happens if the abuser denies the abuse?
Domestic abuse is a crime. You can seek an injunction from your abuser even if they deny abuse or haven’t been arrested.
Our family solicitors specialise in domestic abuse cases, and we can guide you through the process of obtaining legal protection. You can speak to us in confidence to find out how we can help.
