Legal Options and Rights
Injunctions
What is an injunction?
An injunction is a court order, which forbids an abuser from doing certain things (eg contacting you) or compels them to do things (eg to leave the home). The two most common types of injunctions used in domestic violence cases are:
This type of order will prevent an abuser from harassing, intimidating or pestering you or any children who live with you (or who could be expected to live with you). The abuser does not have to have been physically abusive in order to obtain this type of order.
This type of order will establish who has a right to stay in the home. An occupation order can order an abuser to move out of the home or to keep a certain distance from the home. In order to apply for this type of order, you will need to know if you or your abuser (or both of you) is legally entitled to occupy the property.
Can I get an injunction in an emergency?
It may be possible to make an application to the court immediately without informing your abuser if you are able to persuade the court you or your children are at risk of significant harm. This type of application is called an ex-parte application. If this type of order is granted, the court will still need to hear from both parties and a date for a full hearing will be set.
What support can I get with injunctions?
It is important that you seek advice about obtaining an injunction from someone who will be able to help you understand what it will involve. The ESDAS Outreach Workers will be able to help you decide whether an injunction is the right option for you and what the next steps should be. If you would like advice and information about obtaining an injunction please call ESDAS on 01737 771350.
Rights of Women produce a “Domestic Violence Injunction Handbook” giving step-by-step advice on filling in the necessary forms which can be found at www.rightsofwomen.org.uk. Rights of Women also have a free legal advice line (0207 251 6577).
Domestic Violence Injunctions Information Sheet
http://www.rightsofwomen.org.uk/pdfs/domesticviolence2008.pdf
Legal Services Commission
Telephone 0845 345 4345
Website www.legalservices.gov.uk
Legal services commission offers free legal advice on:
- Family breakdown
- Debt
- Benefits
- Legal Aid eligibility
- Advice on finding a solicitor
Surrey Police & Criminal Prosecutions
What can you expect from Surrey Police?
Surrey Police have pledged to take positive action when dealing with domestic abuse incidents and have outlined their four priorities which are to:
- Protect the lives of both adults and children who are at risk of domestic abuse
- Investigate all reports of domestic abuse
- Facilitate positive effective action against offenders so that they can be held accountable through the criminal justice system
- Adopt a proactive multi-agency approach in preventing and reducing domestic abuse
If you need to call 999 the Police Response Team (aka TPT) will respond to your call. There are a list of things that they are expected to do such as speaking to you in private, checking on the welfare of you and any children at the address and completing a Risk Indicator Questionnaire (RIQ). The RIQ is a series of questions that an attending officer must complete with you to help them and you understand the risks you face within your home or relationship.
The attending officers should also ask for your consent to pass your contact details onto ESDAS and Victim Support. They will then ensure that we receive details of the incident so that we can contact you at a time that is appropriate and safe. Details of the incident will also be sent to the specialist Domestic Abuse Unit within the Public Protection Investigation Unit based at Caterham Police Station who will investigate the incident you reported. For further information about Surrey Police and their response to Domestic abuse please click on the link below:
http://www.surrey.police.uk/safety/domestic_abuse.asp
The Crown Prosecution Service (CPS)
Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. They will then make a decision on whether a suspect should be charged, and what that charge should be. The link below will take you to the CPS website and information on the CPS Protocol for dealing with domestic abuse.
http://www.cps.gov.uk/publications/prosecution/domestic/domv.html
Attending Court
If the CPS feel that there is enough evidence to prosecute your current or ex partner you may be required to attend court. If this happens there are services based at every Crown and Magistrates Court in Surrey who can support you through the process. The Witness Service Surrey is a support organisation run by a dedicated team of volunteers who help victims and witnesses attending court by explaining procedures, answering questions and showing people around the courtrooms and often providing emotional support on the day.Your can contact them directly or call ESDAS and ask them to call the Witness Services on your behalf. For details of all the Witness Services in Surrey please click on the link below:
http://www.victimsupport.org.uk/vs_england_wales
/contacts/surrey/contact/branch/dorking.html
Child Contact
If you have separated from your partner due to their abuse and violence you may be concerned about how you can safely deal with contact issues. Common concerns can include:
- Who will your child or children live with?
- Is it safe for them to have contact with your ex partner?
- How can any current and/or future contact with your ex partner be done in a way that is safe for them and for you?
- Do you need to attend court to arrange contact?
If you would like advice about your rights and options in relation to any child contact concerns or issues please call and speak to one of the ESDAS Outreach Workers on 01737 771350. We can help you decide what you want to do and can refer you to experienced Family Law Solicitors if required.
Further in-depth information about child contact can be found using the following links:
Rights of Women Information Sheets
Child Contact Information Sheet
http://www.rightsofwomen.org.uk/pdfs/cco.pdf
Parental Responsibility Information Sheet
http://www.rightsofwomen.org.uk/pdfs/responsibility.pdf
Residency Orders Information Sheet
http://www.rightsofwomen.org.uk/pdfs/cro.pdf
Child Support Information Sheet
http://www.rightsofwomen.org.uk/pdfs/child_support.pdf
Divorce & Separation
Even if you have experienced domestic abuse and violence within your relationship taking the decision to separate, get divorced or dissolve your civil partnership can be difficult and complex. It is important that you seek advice and support about the best course of action for you, either through a Solicitor experienced in domestic abuse issues or through a specialist service like ESDAS. The ESDAS Outreach Workers are happy to talk you through your rights and options so please call them on 01737 771350.
Further in-depth information about divorce and separation can be found using the following links:
Divorce Information Sheet
http://www.rightsofwomen.org.uk/pdfs/divorce.pdf
Financial Arrangements after Marriage Breakdown
http://www.rightsofwomen.org.uk/pdfs/
financial_arrangements_after_marriage_breakdown.pdf
Dissolving a Civil Partnership Information Sheet
http://www.rightsofwomen.org.uk/pdfs/
dissolving_civil_partnership.pdf
Financial Arrangements after a Civil Partnership Breakdown
http://www.rightsofwomen.org.uk/pdfs/
financial_arrangements_after_civil_partnership_breakdown.pdf
