How can the law protect me?

There are several ways in which the law can help:

·        In an emergency – dial 999. Violence and threats of violence are crimes.

·        Criminal prosecution – if a crime has been committed, the abuser may be arrested and charged.

·        Protection from harassment – including behaviour such as repeated telephone calls, frequent letters, stalking etc. The police have the power to take action by serving a warning against such behaviour, which can then lead to prosecution if the behaviour continues.

·        Injunction – in some circumstances, you can apply to the Civil Courts for a Non-Molestation Injunction, which protects victims and their children from violence or threats of violence.

It is important to:

·        Always contact police in an emergency

·        Ask for legal advice early

·        Especially in cases of harassment, wherever possible keep a record of incidents

·        Log a complaint about harassing behaviour with the police

How will I support myself financially?

Take immediate action to address any financial issues:

Check to see -

·        if you are entitled to benefits

·        if you are entitled to Tax Credits

·        if you are entitled to Working Tax Credit

·        if you are entitled to maintenance for your children

Review any debts and expenses and put them into order of priority. The Citizens Advice Bureau can help with this.
In the short/medium term, take advice and consider whether you may be able to obtain any more money from your partner by:

·        Applying to the court for maintenance for yourself (this applies only to people who are married)

·        Applying to the court for extra maintenance for the children (this would only apply in exceptional circumstances because the CSA is the first port of call)

·        If you have or may be applying for an Occupation Order, asking the court to determine responsibility for the payment of various housing expenses

·        In appropriate circumstances applying to the court for a small lump sum.

In the medium/long term, you will need to divide any assets between you and your partner (such as a house, savings, investments, pensions etc). If you are married, assets will be divided fairly as part of any divorce proceedings. If you are not married to your partner, different rules apply. The court cannot simply divide assets fairly but needs to look more carefully at who owns what. If you have children, this will make quite a big difference to the remedies available to you. It is important to obtain legal advice at an early stage.

Where will I live?

If you are the victim of violent or abusive behaviour, you may be able to apply for an Occupation Order. An application for an order will involve going to court. An Occupation Order can:

·        Tell the abuser that he/she can only occupy part of the home

·        Tell the abuser that he/she must leave the home and must not return to the home and/or come within a stated distance of it for a particular period of time. The abuser may be asked to leave immediately, or after a short, reasonable period of time in which to find alternative accommodation.

You can apply for an Occupation Order whether you are married or living together; whether you and/or your partner own the property or are tenants of the property, either in joint names or in the sole name of one or the other of you; against a former spouse or partner if they are still causing problems. In a real emergency, it may be possible to obtain an order without your partner being notified of the initial order (an ‘ex-parte’ order).

Occupation orders do not sort out long-term ownership of your home and this will need to be addressed at a later date.

How will the children be affected?

There are several orders which the court can apply. Decisions depend on the well being of the children concerned in the individual circumstances. There are no automatic ‘rules’. You may hear the following terms:

·        Parental Responsibility: specific rights and responsibilities which someone can have for a child. Not all parents have parental responsibility and you do not necessarily need to be a parent to have parental responsibility for a child.

For more information on Parental Responsibility, please see our related factsheet.

·        Residence Order: an order directing with whom a child should live. Can be made in favour of a parent or a non-parent.

·        Contact Order: an order defining who a child should see or how often and under what conditions a child should see someone.

·        Specific Issue Order: an order dealing with a particular issue relating to a child; for example, whether a child can go abroad on holiday.

·        Prohibited Steps Order: an order preventing a particular exercise of parental responsibility: for example, preventing a child from being removed from his or her current school.

All orders are available whether parents are married or not and, with the court’s permission, to other appropriate people. All the orders can be applied for separately. There do not need to be other court proceedings in existence.

What happens if Social Services become involved because of the risk to children?

If you are suffering, or have suffered, domestic violence and/or abuse and have children there is a possibility that professionals may be concerned about the impact this will have upon any children.

If Social Services become concerned for a child’s welfare, they may convene a multi agency meeting (health, school, police etc) to bring together all the information and agree a Child Protection Plan. In some cases, Social Service may commence care proceedings and consider placing the child temporarily in foster care until the situation is safe enough for the child to return.

In the case of child protection the Court can make a range of different Orders. These Orders may force the abuser to leave the family home and limit his/her contact to the child – thus enabling the child to remain safely in the family home.

How do I change my name legally?

You may wish to change your name. You can be known by whatever name you choose. However, many organisations (banks, Passport Office etc) will require written evidence that you are the same person. This is why a Change of Name Deed has to be prepared.

It is also possible to prepare a Change of Name Deed on behalf of a child if you are the only person with Parental Responsibility. If you share Parental Responsibility then you have to get written permission from the other person or a Court Order.

How can I get divorced?

You can only get divorced if you have been married for at least one year. If you have been married for less than a year, this does not stop you separating or applying to the courts for short-term help for example, maintenance orders, non-molestation orders, occupation orders, and orders relating to the children.

There is one ground for divorce: the irretrievable breakdown of the marriage. This has to be proved in one of five ways:

·        Adultery

·        Unreasonable behaviour

·        Two years’ desertion

·        Two years’ separation provided you both agree to a divorce.

·        Five years’ separation

You do not have to be separated to rely on the grounds of adultery and/or unreasonable behaviour but if you have continued to live together for more than six months following the adultery or the behaviour complained of, you may then not be able to use this as grounds for divorce.

A divorce petition is presented to the court by one or other party. You do not have to have your partner’s agreement to present a divorce petition. If you have children, you will need to explain to the court in a separate document when lodging the petition what the arrangements are for the children (who they live with, where they go to school, etc.).

The way in which other ancillary issues (the children, money, etc.) are decided will not be affected by who may have started the divorce proceedings.

Am I entitled to compensation for injuries inflicted by my partner?
If you have suffered physical or mental injuries as a result of violence or abuse by your partner or anyone else, you may be entitled to compensation. In some circumstances this may be by bringing a civil claim if you believe that the person has the financial means to pay you compensation. If not, you may still be entitled to bring a claim via the CICA (Criminal Injuries Compensation Authority) provided that the matter has been reported to the police without delay and that you are no longer living with the person who has been violent towards you or abused you.
If you are bringing a civil claim, then, if you are successful, compensation would be paid by the person who caused you injuries, if necessary by obtaining a Court Order against them. In addition, your legal fees would be paid. The level of compensation paid is based on guidelines prepared for Judges or based on past Court awards involving similar injuries. There are many ways of paying your legal fees for investigating a claim and your solicitor will be able to discuss the various options with you.
If you bring a CICA claim, the compensation would be paid out by the CICA in accordance with a tariff and by applying strict guidelines. Unfortunately, this will not cover any legal fees but you may bring a CICA claim yourself which the CICA will investigate for you. Please see the CICA website atwww.cica.gov.uk. You may also be able to obtain assistance with a CICA claim from Victim Support or other support groups. However, if there are serious or complex injuries involved, it is advisable to instruct a solicitor to assist you and, if necessary, obtain full medical evidence to ensure that you are able to achieve the highest possible award. You will then need to pay your legal fees unless you have any legal expenses insurance. Discuss with your solicitor ways in which you can pay your fees.
What happens if you die without having made a Will?

In brief, the first £250,000 passes to your spouse. Half the remainder goes to your children (when they reach the age of 18) and the remainder is available upon trust for your spouse for life, passing on his/her death to your children.

Rather than trust to the uncertainty of the administration that arises from these provisions, it is strongly recommended that all individuals should make a Will. This gives an opportunity of specifying:

• Who should be the Executors to administer your Will
• Who should be the Guardians of your children
• Who should receive the money and property that you own in the event of your death

How can my employer help?

There are no legal requirements for employers to handle non-work related domestic issues. However, many employers now recognise that they need to have a policy in place to help employees who are experiencing domestic violence and/or abuse. Check whether your employer has such a policy.

How much will it cost to see a solicitor?

Many solicitors offer a free half hour interview. We would recommend that you use a solicitor who has experience in family law and domestic violence and/or abuse. During your free half hour appointment, your eligibility for the Legal Services Commission Schemes (formerly Legal Aid) will be assessed. If you are eligible, then your legal representation will be free (subject to the statutory charge, which will be explained during the free interview). If you are not eligible for the Legal Services Commission Schemes, then you should ask for details of costs.

Customer service code of practice and standards
Domestic violence and abuse service (South and West Devon) have a customer service Code of Practice and Standards which identifies what you can expect when you have contact with us.
Domestic violence and abuse service will:

1. Let you know what we are able to provide, who to contact and how to get in touch with them.
2. Provide information that is suited to your individual needs.
3. Listen to what you have to say.
4. Give you the time needed to discuss your issues and ask questions.
5. Only share information outside the organisation with your permission unless we feel there is a risk of harm to you or someone else, or we are required by law to do so, or in the detection or prevention of a crime.
6. Talk to you about any data recorded about you and your family and how this is stored.
7. Talk to you about the risk of harm that you and your family are under.
8. Talk to you about how you can increase your safety.
9. Provide you with information about choices and options avaiable to you.
10. Be led by what you would like to happen.
11. Allow you to determine your own future.
12. Provide a service that treats people equally.
13. Welcome your comments and feedback.
14. Take you and what you have to say seriously.
15. Challenge all abusive behaviour.
16. Answer the phone within six rings.
17. Respond to written correspondence within ten working days.
18. Not keep you waiting more than twenty minutes past your pre-booked appointment time.
19. Let you know when we are unable to make appointments.

Domestic violence and abuse service will not:

1. Pressure you into leaving your relationship or changing your circumstances.
2. Judge you on your choices or circumstances.

People working for the Domestic violence and abuse service will:

1. Be welcoming, courteous, respectful and fair.
2. Be helpful and responsive, keep you informed and communicate with you.
3. Actively listen to help you make sense of the situation.
4. Help you identify and prioritise your personal goals.
5. Demonstrate a belief in your exisitng strengths and resources to help you identify goals.
6. Identify examples from their lived experiences or that of another service user that inspires and validates your hopes.
7. Pay particular attention to the importance of goals which enable you to move forward positively and to actively contribute to the lives of others.
8. Identify resources, friends, contacts and organisations relevant to the achievement of your goals.
9. Encourage self management of your situation by providing information about coping stratagies.
10. Discuss what support and information you would like, respecting your wishes wherever possible.
11. Behave at all times with an attitude of respect, showing a desire for an equal partnership in working together and  indicating a willingness to go the extra mile.
12. Accept that your future may be uncertain and setbacks may happen, but continue to offer support for the possibility of achieving your self -defined goals, maintaining hope and positive expectations.

You have the right to:

1. Choose whether or not you want to use the services Domestic violence and abuse service offers or take part in any research being undertaken.
2. Expect all the staff you meet face to face to carry Domestic violence and abuse service identity cards.
3. Expect Domestic violence and abuse service to respect your privacy, dignity and religious and cultural beliefs at all times and in all places.
4. To know everyone working for the Domestic violence and abuse service maintains confidential records regarding your situation and what that information is.
5. To have access to any data/records held about you.
6. To have any complaint about Domestic violence and abuse service or its workers investigated, and to have a timely full written response from a staff member, manager or trustee.

If you would like to talk to us about any of the above including making a complaint: 01626 366174