Domestic violence Legal advice
After you have sorted out your short term safety, you can look at taking legal steps so you are protected in law. Both criminal law and civil law can help you with this. Your choices really depend on:
What you want to achieve now.
You may need to use the courts if:
Your partner is violent and the police attended the incident.
You call the police after the event of your partner being violent.
A third party informs the police about possible abuse from your partner towards you or your children.
You consult a solicitor about violence from your partner.
In all these events the laws is consistent but you will use it in slightly different ways and you will have different choices to make.
Here are examples:
The police are called to the incident after your partner has been violent towards you.
The police should immediately try and protect you and your children They could arrest your partner if a crime has been committed. Your partner may be placed in custody and subsequently released on police bail, they can implement restrictions on them, so they aren.t able to do it again.
After being called out to an incident, the police may send around a community safety officer, who will be able to help you, and offer advice.
If you call the police after the event. Contact your local police station. Ask to speak to the local community safety officer. Normally they chat to you over the phone but could arrange to meet you in person to look further into the incident and your situation. They can advise you on your choices. If you want to stay in you home, they can tell you how to keep safe and how to contact help should you need to. You may be given a device such as an emergency button, or panic button, which automatically sends a signal to the police.
Someone else tells the police that they think you or your children are being abused. In this case, it will be investigated by the police. You may get a call from the community safety officer, who might want to meet up with you to discuss what can be done.
If your partner has committed acts of violence towards you and you seek a solicitor. You need a solicitor who knows family law. It will also help if they take publicly funded or legal aid cases. You can find information about family law solicitors from: The law society. Resolution CAB, Citizens advice bureau. If your solicitors can not see you straight away, ask if there are any others they recommend. Law firms can sometimes network when dealing with domestic violence cases. Your solicitor can help you apply for an injunction against your partner. An injunction is a court order.
If your partner has committed acts of violence towards you, you tell the police and you consult with a solicitor. It is the community safety officers task to discuss your options with you. It could be suggested by them, that you get an injunction.