None of us expect to become a victim of domestic abuse, but it’s sadly something that happens to thousands of men and women on a daily basis around the country. The latest Government statistics estimate that 1.4 million women and 751,000 men experienced domestic abuse in the year ending March 2023.
Domestic abuse can take many forms but regardless of how it happens, legal protection is available in the immediate aftermath of any assault.
What are the first legal steps a victim of domestic abuse should take immediately after an incident?
If you find yourself in an abusive situation and can leave, you should do so immediately. If you are in immediate danger, call 999 to alert emergency services. If you are no longer in immediate danger, you should still file a police report as soon as you are able to do so. You can do this by calling 101 or, by contacting your local police station. If you aren’t sure where your nearest station is, enter your postcode on the police website to locate it.
If the responding police officers determine that an offence has been committed, they may arrest your abuser. Even if they aren’t arrested, you can still take action to request legal protection from that person.
A Non-Molestation Order is a type of injunction designed to provide legal protection to victims of domestic abuse and domestic violence. Your family solicitor will be able to help you apply for a Non-Molestation Order. You can apply without your abuser being informed using an ‘ex parte’ application. Once in place, the NMO is legally binding and prevents your abuser from inflicting any further harm.
You can make an emergency application if you feel you are in immediate danger, and have your case heard within 24 hours.
If you have contacted the police, they can also help with legal steps in the immediate aftermath of a domestic violence incident. They are empowered to issue a Domestic Violence Protection Notice (DVPN) which grants 48 hours protection from the abuser and is effective immediately.
This can be followed by an application for a Domestic Violence Protection Order (DVPO). The DVPO prevents the abuser from returning to the shared family home and can protect you from ongoing threats of abuse.
How can a victim safely contact authorities or seek emergency assistance?
If you are afraid that your communications are being monitored, you can take these steps to cover your tracks online. This makes it possible to safely contact a support service online or over the phone when needed.
Refuge suggests setting up a code word with someone you trust, such as a friend or family member. A blank text or dropped call to them should then alert them to seek help on your behalf.
Safe Spaces are also located around the country in banks, supermarkets and pharmacies. You can use a Safe Space to discreetly request help.
What are the essential documents and information needed for legal protection after abuse?
If you wish to go to court to seek an injunction against your abuser, you’ll need to provide certain information. In the first instance, you’ll be required to complete form FL40. This will ask for information about you, your abuser and what has happened.
You’ll also need to provide a witness statement detailing the abuse you’ve suffered. If possible, it’s advisable to keep a record of abuse, detailing what has occurred, where and when it happened and the names of any witnesses who saw the abuse taking place.
How can victims secure a safe environment through emergency protection orders?
As the name suggests, emergency protection orders protect victims in an emergency. They can provide immediate peace of mind in the aftermath of a domestic abuse incident, giving you time and space to take additional actions for longer-term safety – such as contacting a family solicitor, applying for a longer-term injunction or seeking alternative accommodation.
What support systems and resources are available for immediate help and legal counselling?
If you require immediate assistance, you should always call 999. The police can connect you with local services who are able to provide help and legal counselling. This could involve moving you to emergency accommodation if deemed necessary or putting you in touch with an organisation such as the National Centre for Domestic Violence who can help you obtain an emergency injunction and take the steps necessary to protect yourself.
