Domestic Violence: Using the Law

 

Are you experiencing physical or emotional violence from a man you know?

If you are, here is some information about your legal rights.

Men sometimes experience domestic violence. Men can use the same legal process as women.

If you are in immediate danger call 999

There are two ways you can access the legal system, either through the police or a solicitor. This is a basic outline of what will happen if you do.

You can go to the police: 

You can go to a solicitor

If you call 999 the police will come to you immediately.                                   

1 The police may arrest the violent man.                                

2 If you are injured, the police may take you to a doctor

3 Police will take a statement (details of what happened to you). You will be asked to sign it to say it is true.

4 The police will keep the abuser in a cell overnight. He will be taken to a Magistrates Court the next day to say if he is ‘guilty’ or ‘not guilty’. You will not need to be there.

5 If the abuser says he is ‘not guilty’ he will come back to Court when more evidence has been collected by the police. In the mean time he will either be in prison or on bail. If he is on bail, the Court can attach certain conditions: e.g. that he cannot come near you.

6 (See number 6 below)  

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By visiting the Community Safety Unit of your local police station.                     

1 Police will take a statement (details of what has happened to you). You will be asked to sign it to say it is true.

2 The police may arrest the violent man, and charge him.

3  If he is charged, the abuser will be taken to a Court by the police.

4 Depending on the violence involved, the abuser will be ‘bailed’: allowed out and told to come back to the Court in 4 - 6 weeks time.

5 You need to speak to the Community Safety Unit police to find out what is happening.

6 The police do not decide the next steps, the Crown Prosecution (CPS) does. They decide whether the evidence is sufficient to go to Court.

7 If the CPS decide to go ahead and the abuser still says he is not guilty, you will need to go to Court to give evidence. The Community safety Unit can support you to do this.

8   Besides the police, you can call on other agencies for support and advice:

9  The Magistrate in the Court will decide if the abuser has been violent or not (having heard the evidence), and decide on the punishment.

10The Court will decide on the sentence. If the abuser does not go to prison, then he can return home. If you do not want this to happen because you will be at risk, you can apply for a ‘protection order’ by seeking a solicitor. (See below).

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You can see a solicitor

Free legal advice may be available, depending on your income and savings. You can telephone to ask a solicitor about their fees.

1  Your solicitor will ask you for details of the abuse, and write a statement (details of what happened to you). You will need to sign it to say it is true.

2 Your solicitor can apply to the Court straight away fro an emergency protection order: a ‘non-molestation order’. This can include a power for the police to arrest him if he breaks it.

3 When you go to Court with your solicitor, your abuser will not be there. You will not need to say anything: your solicitor will do the talking.

4 The Judge in the Court will make an order that the abuser does not use or threaten violence, or contact you.

5 You can also ask the Judge to order that the abuser does not continue to live at home: an ‘occupation order’. Papers telling the abuser what the Judge decides will be handed to him by a special officer.

6 The Court will make a date for another hearing, when the abuser can come and put his side of the situation. This will usually be in about 2 weeks time.

7 In the Court the abuser can make a promise that he will not abuse you again. If he breaks this promise he can be sent to prison.

8 If the Judge doesn’t trust this promise, he can continue the ‘non-molestation order’ which was given to you when you first went to Court.

9  If the abuser breaks the order, he will be brought back to Court again. Check that your solicitor has informed the police about the order. Then if he breaks it the police can arrest him.

10You can also apply for the tenancy (legal document) of your house to be put into your own name, so that the abuser no longer has legal rights to the home.  

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