Police and Criminal Prosecutions

Most Domestic Abuse behaviours are criminal offences.  You may decide to call the police, or someone may call the police on your behalf.  We understand that police involvement can be daunting but their priority should always be the safety of you, and if you have them, your children.

 

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

 

Calling 999

If you need to call 999 the Police   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 (DASH - domestic abuse, stalking, harassment and honour based violence). This 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. 

 

ESDAS Referral

The attending officers should also ask for your consent to pass your contact details onto ESDAS (they may refer to us as Outreach). 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.

For further information about Surrey Police and their response to Domestic abuse please click here.  


There are also protective orders that the police may use in order to provide you as a victim of domestic abuse with immediate protection following an incident of domestic violence and to give you breathing space to consider your options.

Further information about these orders can be found here

  

The Crown Prosecution Service (CPS)

 

Once the Police have completed their initial investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. They will then decide on whether a suspect should be charged, and what that charge should be. Click here to find out more above the CPS handle domestic abuse cases.
 

Court Proceedings

If the CPS feel that there is sufficient evidence to prosecute, the perpetrator will be charged and given a date to attend the Specialist Domestic Abuse Court (SDAC) which operates on a Thursday at Guildford Magistrates Court.  These courts cluster and fast track domestic abuse cases. All court personnel are trained in domestic abuse and the courts are supported by a qualified Independent Domestic Violence Advisor (IDVA) who works out of the local outreach team.

 

The job of the IDVA is to support you through the criminal justice system by explaining the proceedings and keeping you updated on court decisions at the 1st hearing, subsequent bail and admin hearings and then after the trial at sentencing. The IDVA will contact you before the first hearing to explain what is happening, to discuss the situation and to hear your concerns. As they attend court, they are able to provide information to the court about your situation if you wish and can deliver court results, information on bail conditions and restraining orders and sentences to you on the day of the court.

 

Legal Options Resources

 

 

C4 Form

When you do not know the whereabouts of your ex-partner and therefore are unable to issue proceedings against them, this form is used for the court to locate your child so that your application may proceed

 

C8 Form

When making an application and you wish your address to be kept confidential from the other party due to concerns about domestic violence or other factors which would cause you distress, this form should be used.

 

C79 Form

If you have an order which is not being complied with, this is the appropriate form to use to make an application to enforce your order.

 

C100 Form

This is the form to use when making an application for Residence, Shared Residence, Contact, Specific Issues or Prohibited Steps Orders and Parental Responsibility.

 

C1A Form

This form is used in conjunction with the C100 where there are allegations of abuse against the children.

 

FL401 Form

Used to make an application for a Non-Molestation Order or Occupation Order

 

Form A

Used when making an application for a Financial Remedy

 

Form E

This form is used to provide full disclosure of your financial position, and will be ordered by the court as an element of the financial remedy procedure.

 

Form H

Used at a financial remedy hearing to show your costs

 

N161

This form is used when lodging an appeal against an existing order.

 

EX160A Form 

Use this form to apply for an exemption or reduction on the court fee due to being on a low income or in receipt of benefits.

Other resources: 

Domestic Violence Injunctions Information Sheet

Surrey Police - Keeping you Safe

CPS Policy for Prosecuting Cases of Domestic Violence

Residency Orders Information Sheet

 

 

 

 

ESDAS means to me 

 

 

 

 

 

 

 

I thought I couldn’t cope alone because I was so useless. Why I left: I realised my children and I only have one life and I was hiding from reality. Thank you Esdas for all your support. 

A Survivor