CLM Solicitors - Private Services - Family - Fact Sheet

It is important to remember that both men and women can be victims of domestic violence. Domestic violence can also be experienced by anybody regardless of social group, age, race, disability, sexuality, or lifestyle.

Domestic violence is violence or threatened violence of any kind against a person by any other person with whom that person is, or has been, in a domestic relationship with.

Domestic violence is a lot more common than people think. According to Refuge the national domestic violence charity, 25% of all recorded violent crime is domestic violence, and a current or former partner kills two women in England and Wales every week.

What you should do if you are a victim of domestic violence

1. Police

Firstly, you should contact the police both to stop the violence as it is happening, and also so that they have a record of the incident.

The police are also able to arrest violent partners under the Protection from Harassment Act 1997 and place bail conditions on them, if appropriate. These bail conditions can include provisions that they are not violent to the victim, or preventing them coming within a certain vicinity of the victim.

2. GP

In order to build up a case history of the violence it will be necessary to visit your GP or hospital so that they can retain a record of your injuries. It is also an idea to keep photos of the injuries sustained.

3. Legal

Your legal advisor will advise you regarding the appropriateness of the following to your case:

Warning letter – This is a stern letter to your partner warning him/her not to be violent or threaten violence again, and informs them that if there is another incident then an application will be made to Court.

Application to Court for a Non-Molestation Order – This is an order that prevents somebody from using or threatening violence against the victim (and their children if appropriate), as well as intimidating, harassing or pestering the victim (and their children if appropriate). This order can even prevent the violent person from instructing or encouraging somebody else to be violent, intimidate or harass the victim.

Application to Court for an Occupation Order – This is an order stating that the victim and his/her children can live at a particular address, and the violent person is forbidden from coming within a set vicinity of the property, usually 100 metres. Applications to Court

Application for a non-molestation order and/or an occupation order is by an application form and supporting sworn statement. There is a Court fee of Ł60 for making an application.

An application can be made ‘ex parte’ if the situation demands it. This is an emergency application that is heard without the other party being present. This is only available if the victim is in immediate danger and fearful of what the violent person may do if they were served with the court papers in the normal way. If an ex parte hearing is allowed, it will only be a temporary measure until the violent person can be given a chance to attend Court and be heard.

Hearings will usually be in a Judge’s private room or ‘in chambers’. At the hearing the Judge will listen to evidence from both parties and will make a decision based on the evidence. Any order made will have to be personally served on the violent person.

The Judge may attach a power of arrest to the occupation order. In which case, if the order is breached then the police should be called as soon as possible. They will then take the violent person directly to Court

If a power of arrest is not attached and there is a breach of the Order, then an application to Court can be made for a warrant of arrest, or for the person’s committal to prison.

Please be aware that proceedings can be withdrawn at any time. However, if it is done unreasonably then the Court may order the person making the application to pay the other person’s costs. Please also be aware that if children are left with a violent partner, then it cannot be assumed that the courts will act to help retrieve them.

Time scale

Applications to Court for non-molestation and occupation orders are usually dealt with quite quickly, and so a final order should be obtained within a month or so of application.

Useful contacts

Refuge 24 hour National Domestic Violence Help Line

Phone: 0808 808 999

Men’s Advice Line and Enquiries

Phone: 0345 023 468

Men’s Advice Line and Enquiries

Phone: 0208 644 9914

Broken Rainbow (for gay men, lesbians and transsexuals)

Phone: 07812 644 914

Thames Valley Police Domestic Violence Unit

Phone: 0118 953 6248

West Berkshire Police Domestic Violence Unit

Phone: 01635 264639

Berkshire Victim Support

Phone: 0118 958 166

Berkshire Women’s Aid

Phone: 0118 9504 003

Crossing Bridges (local support organisation)

Phone: 0118 959 7333

Shelterline

Phone: 0808 800 444

Samaritans

Phone: 08457 90 90 90

Careline

Phone: 0208 514 1177


Just click on a link below Please Read Our Fact Sheets Below Pre-Nuptial and Pre-Partnership Agreements Civil Partnership Separation Cohabitation Cohabitation Disputes Severing a Joint Tenancy Arrangements for Children Parental Responsibility Divorce The Effects of Divorce and Separation Financial Aspects of Divorce Pensions on Divorce Reasons for Making a Will Domestic Violence Collaborative Family Law Mediation Articles MEET THE TEAM	DOMESTIC VIOLENCE It is important to remember that both men and women can be victims of domestic violence. Domestic violence can also be experienced by anybody regardless of social group, age, race, disability, sexuality, or lifestyle. Domestic violence is violence or threatened violence of any kind against a person by any other person with whom that person is, or has been, in a domestic relationship with. Domestic violence is a lot more common than people think. According to Refuge the national domestic violence charity, 25% of all recorded violent crime is domestic violence, and a current or former partner kills two women in England and Wales every week. What you should do if you are a victim of domestic violence 1. Police Firstly, you should contact the police both to stop the violence as it is happening, and also so that they have a record of the incident. The police are also able to arrest violent partners under the Protection from Harassment Act 1997 and place bail conditions on them, if appropriate. These bail conditions can include provisions that they are not violent to the victim, or preventing them coming within a certain vicinity of the victim. 2. GP In order to build up a case history of the violence it will be necessary to visit your GP or hospital so that they can retain a record of your injuries. It is also an idea to keep photos of the injuries sustained. 3. Legal Your legal advisor will advise you regarding the appropriateness of the following to your case: Warning letter – This is a stern letter to your partner warning him/her not to be violent or threaten violence again, and informs them that if there is another incident then an application will be made to Court. Application to Court for a Non-Molestation Order – This is an order that prevents somebody from using or threatening violence against the victim (and their children if appropriate), as well as intimidating, harassing or pestering the victim (and their children if appropriate). This order can even prevent the violent person from instructing or encouraging somebody else to be violent, intimidate or harass the victim. Application to Court for an Occupation Order – This is an order stating that the victim and his/her children can live at a particular address, and the violent person is forbidden from coming within a set vicinity of the property, usually 100 metres. Applications to Court Application for a non-molestation order and/or an occupation order is by an application form and supporting sworn statement. There is a Court fee of Ł60 for making an application. An application can be made ‘ex parte’ if the situation demands it. This is an emergency application that is heard without the other party being present. This is only available if the victim is in immediate danger and fearful of what the violent person may do if they were served with the court papers in the normal way. If an ex parte hearing is allowed, it will only be a temporary measure until the violent person can be given a chance to attend Court and be heard. Hearings will usually be in a Judge’s private room or ‘in chambers’. At the hearing the Judge will listen to evidence from both parties and will make a decision based on the evidence. Any order made will have to be personally served on the violent person. The Judge may attach a power of arrest to the occupation order. In which case, if the order is breached then the police should be called as soon as possible. They will then take the violent person directly to Court . If a power of arrest is not attached and there is a breach of the Order, then an application to Court can be made for a warrant of arrest, or for the person’s committal to prison. Please be aware that proceedings can be withdrawn at any time. However, if it is done unreasonably then the Court may order the person making the application to pay the other person’s costs. Please also be aware that if children are left with a violent partner, then it cannot be assumed that the courts will act to help retrieve them. Time scale Applications to Court for non-molestation and occupation orders are usually dealt with quite quickly, and so a final order should be obtained within a month or so of application. Useful contacts
	Refuge 24 hour National Domestic Violence Help Line	Phone: 0808 808 999
	Men’s Advice Line and Enquiries	Phone: 0345 023 468
	Men’s Advice Line and Enquiries	Phone: 0208 644 9914
	Broken Rainbow (for gay men, lesbians and transsexuals)	Phone: 07812 644 914
	Thames Valley Police Domestic Violence Unit	Phone: 0118 953 6248
	West Berkshire Police Domestic Violence Unit	Phone: 01635 264639
	Berkshire Victim Support	Phone: 0118 958 166
	Berkshire Women’s Aid	Phone: 0118 9504 003
	Crossing Bridges (local support organisation)	Phone: 0118 959 7333
	Shelterline	Phone: 0808 800 444
	Samaritans	Phone: 08457 90 90 90
	Careline	Phone: 0208 514 1177