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10) Getting Help from Solicitors and the Civil Courts
Whether or not you report your abuser to the police, you can get help from solicitors and the civil courts. You can get help to stop the abuse, and also advice and help with divorce, child custody, financial support and so on. You will normally need a solicitor specialising in “family law” to help you with this - solicitors advertise their specialisms in newspapers, magazines, Yellow Pages etc. Or contact your local Law Centre.
Can I get help with the costs?
If you are on benefits or have a very low income, you can usually get “Legal Aid” to help you to pay the costs involved. If you have a higher income, you may still be able to get some help from Legal Aid, or you may have to pay all of the costs.
Your solicitor should not charge for your first appointment, and should advise you about costs at this time. Your solicitor will help you to apply for Legal Aid if you are eligible, and will talk to you about alternatives such as Law Centres if you are not.
The Family Law Act 1996
If your abuser is a member of your family, or you
have lived together as if you were married, or your abuser is the father of
your child, a law called the “Family Law Act 1996” will protect you.
This law is enforced in the “civil courts” - the Magistrates Court
or County Court. There are two types of help available under the Family Law
Act: “non-molestation orders” and “occupation orders”.
Non-Molestation Orders
This is an order issued by a Magistrates Court or County Court, preventing your abuser from using or threatening violence or intimidating, harassing or pestering you or your child. The order can be granted for six months, or indefinitely.
Occupation Orders
This is an order issued by a Magistrates Court or County Court, preventing your abuser from continuing to live in your home. An order can also prevent your abuser from continuing to live in your neighbourhood.
If you are the owner, co-owner, tenant or joint tenant of your home, or you are married to someone who is, an occupation order can exclude your abuser from your home for six months, or indefinitely.
If you do not have these rights, but you were living with your abuser as if you were married, an occupation order can exclude your abuser from your home for up to a year.
Undertakings
Sometimes an abuser will offer to sign an “undertaking” not to go near you or abuse you, rather than having an order imposed on them. If it is broken, an undertaking can be enforced by the court in the same way as an order. However, an undertaking cannot have a “power of arrest” attached to it (see below for more information). A court should not accept an undertaking when it would be appropriate to attach a power of arrest.
What happens in court?
The court has to look at all your circumstances and your abuser’s. The court must look at your housing needs, how much money you have, and your health and safety.
You will need to make a statement (called an “affidavit” in the County Court) about the abuse that you have experienced. You should show as much evidence as possible about the abuse.
For example, a doctor, helper, friend or social worker may have seen injuries that your abuser has caused you in the past, and can be witnesses for you. If the police have been called, there will be records of this even if your abuser has not been prosecuted.
If your home has been adapted to meet the needs imposed by your impairment, and/or your health would be affected by leaving your home, and/or you have a care package in place which would be affected by your needing to move, make sure that you tell the court about it.
How long does it take?
If you are in immediate danger, you can apply to the court the same day for an “ex parte” order. Your abuser does not have to be present for this. If the court grants this order, you will have to return to court a few weeks later for a full hearing where your abuser is present.
What happens if my abuser ignores the Order?
If your abuser has previously been violent or threatened violence against you, the court must attach a “power of arrest” to the order. This is held on record at your local police station, and the police must arrest your abuser immediately if the order is broken. If there is no power of arrest attached to the order and the order is broken, you will need to return to the court to apply for an arrest warrant. Your solicitor will be able to help to do this for you.
Once your abuser has been arrested, they can be fined, be given a suspended prison sentence, or be sent to prison (although this rarely happens). The “power of arrest” attached to the order can also be extended, or attached if it has not been previously.
What help can I get with access?
Solicitors are covered by the “Goods and Services” clauses of the “Disability Discrimination Act 1995”. This means that they must make “reasonable adjustments” to make their services accessible to you. Reasonable adjustments might include providing an interpreter, or seeing you in your home if their office is not accessible to you. If you have to go to court, your access needs should be met, and an interpreter provided for you if this is necessary. You can also take a friend or helper with you.
Can I always get help from the civil courts?
If your abuser is not a member of your family -
for example, if they are a p.a. - or if they are a lesbian partner or ex-partner,
you cannot use the Family Law Act. Instead you should contact the Community
Safety specialists at your local police station, and ask for action to be taken
under the “Protection from Harassment Act 1997”. See 8:
“Getting Help from the Police” for more information.
Next: Getting Help in Residential Care Homes and Day Centres