Quiz night in aid of Cotswold Care Hospice on 18 June 2009
10/07/09
Domestic Violence. How are you protected?
Thursday 9th July 2009
Once somebody has taken the brave step of reporting domestic violence to the police, which in some cases has gone on for years what actually happens? What is an injunction?
Fiona Thornton specialist family solicitor at AES Winterbothams explains the law as it now stands;
If you are the victim of domestic violence then you should seek advice from a solicitor to see if an injunction can be obtained to protect you. This is a court order telling the perpetrator what they can and cannot do. There are two main forms of injunction – non-molestation and occupation orders. The second is an order which prevents the perpetrator from returning to your home where they might otherwise be entitled to do so. A non-molestation order is an order which can be made to protect you and your children against violence and also harassment and intimidation.
Before 2007 if a perpetrator decided to disobey a non-molestation order it would be necessary to return them to civil court for breach of the order, and they could then be charged with contempt of court but would not receive a criminal record. Since July 2007 disobeying a non-molestation order has been made a criminal offence punishable by imprisonment up to 5 years, community service or a fine. The threat of a criminal conviction is intended to provide greater protection, and operate as a deterrent against further offences.
Once an order has been obtained it is logged with the Domestic Abuse Unit at the victim’s local Police Station to ensure that they are aware of the order and will arrest upon a breach being reported. At AES Winterbothams we have had regular contact with Stroud Domestic Abuse Unit and have built a good working relationship with them and other domestic abuse organisations.
Also please don’t assume that protection is only available to women in abusive relationships. The reality is that these orders are available to men and women. They relate not only to couples but also to other ‘related persons’, including children, parents, siblings, same sex partners etc. It can often be harder for a parent whose child is being abusive towards them to come forward and ask for help, but these individuals are just as vulnerable and just as entitled to protection.
If you are suffering physical or mental abuse, or are being subjected to harassment of any form please seek help even if you are unsure as to whether you want a court order. We can discuss with you all the options available in a safe environment and on a confidential basis. Whether you take action to obtain a court order is ultimately your decision.
Should you need to talk about the issues raised in this article then please feel free to pick up the phone to me or any of the family team in confidence on 01453 847224 or 847207 .There is also support available to victims of Domestic Violence in Gloucestershire from C.A.R.P., (Central Allocation and Referral Point) on 0845 6029035, who provide a confidential helpline service and can ensure that victims have access to the support they need.
This article provides a general overview and cannot be relied upon in any particular case.