Guides

Abuse can relate to actual physical violence, threats, intimidation or harassment.  Victims can be very reluctant to talk about their experiences or problems as though it is something to be ashamed about. However, the legal system is set up to provide protection to those that need it.  What the system does have difficulty doing is providing protection to those who are reluctant to seek it.

We have to start with looking at reality.  Most instances of violence or abuse are also criminal offences and the police have much greater resources to provide protection.  Your first port of call should therefore be the police.

If you are in fear for your safety and do not wish to return home as a result you should consider contacting a refuge or the local authority housing section.  The police are normally able to provide you with relevant contact information to enable this.  Another alternative would be to stay with friends or family while the issues are dealt with.

The police may feel that they have insufficient evidence to bring a prosecution.  Alternatively, they may be reluctant to bring a prosecution anyway.  The current guidelines are that they should prosecute if there is evidence of abuse, even if the victim does not want to bring a complaint.  This does not mean they always will.

If there is to be no prosecution then you need to be applying for a Court Order yourself.  In urgent cases or where it is anticipated that further violence or intimidation may occur once the abuser knows you are seeking protection the Court can grant Orders immediately.  Legal aid is normally available to obtain these Orders, depending on your financial position, although they may want to know why the police are not pursuing it.

It must be appreciated that a Court Order only gives the power to arrest the abuser and bring them back to Court.  The protection it provides is based upon this.  It is reactive, but may have a deterrent effect.  Any Order you obtain also has to be registered at the police station so that they know about it.

Don't be a victim.  Call us on (01525) 373322 or e-mail us to discuss how we can help.