Clients- Legal Protections for DA

Legal Protections for Victims of Domestic Abuse

Clare's Law (DVDS)

CRIMNAL ORDER

CRIMINAL CONSEQUENCES OF BREACH

DISCLOSURE SCHEME

DISCLOSURE SCHEMES

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A UK police policy that allows people to apply to know if their partner has a history of violence or abuse or be informed if the police feel it necessary. It is also known as the Domestic Violence Disclosure Scheme (DVDS).

Restraining Order

CRIMINALORDERS

Granted by the criminal courts, Crown or Magistrates, on conclusion of a criminal case against the defendant. Prohibits a perpetrator from specific actions as requested by the applicant. Breach is a criminal offence.

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Occupation Order

CIVIL ORDER

Applied for by individuals for their own protection through the Family Courts. Does not require police involvement. Makes stipulations in relation to a property. Sometimes has power of arrest on breach attached.

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Non-Molestation Order

CIVIL ORDER

Applied for by individuals for their own protection through the Family Courts. Does not require police involvement. Prohibits a perpetrator from specific actions as requested by the applicant. Breach is a criminal offence.

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Stalking Protection Order (SPO)

CIVIL ORDER

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Obtained by the police to protect a person from stalking. The order can contain legally binding conditions and directions that change the behavior of a person/s trying to stalk someone

Domestic Violence Protection Order(DVPO)

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A Domestic Violence Protection Order (DVPO) is a civil order the police apply for that extends a DVPN where criminal charges cannot be brought.

CIVIL ORDER

Forced Marriage Protection Order (FMPO)

CIVIL ORDER

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Contains legally binding conditions on the behavior of a person/s trying to force someone into marriage. Applied for by the victim, a relevant third party, or the Secretary of State.

Domestic Violence Protection Notice (DVPN)

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A DVPN is an emergency non-molestation and eviction notice issued by the police.

CIVIL ORDER

CIVIL ORDERS

CRIMNAL ORDER

CRIMINAL CONSEQUENCES OF BREACH

DISCLOSURE SCHEME

DISCLOSURE SCHEMES

CRIMINALORDERS

Legal Protections for Victims of Domestic Abuse

Non-Molestation Order

A non-molestation order is a type of civil court order that aims to protect victims of domestic abuse from being harassed, threatened, or intimidated by their abusers. It can also prevent the abuser from contacting the victim or coming within a certain distance of them. Who can apply? You can apply for a non-molestation order if you are a victim of domestic abuse and the person you want to be protected from is someone you're having or have had a relationship with, a family member, or someone you're living or have lived with. How does it work? Once you apply for a non-molestation order, the court will schedule a hearing where you will have to provide evidence of the abuse you have suffered. You can apply 'ex-parte' which means without the abuser knowing, if you can show that it would put you at more risk otherwise. If the court grants the order, it will be served to the abuser, usually by a process server or court bailiff, who will then be legally required to comply with its terms. If you applied ex-parte, you will need to return to court at a later date for the abuser to have their say, but with the protection of the order already in place. If the abuser breaches the order, they may face criminal charges. There is an automatic power of arrest attached. It's important to note that if you're under 16, you need permission from the High Court to apply for a non-molestation order. If you're unsure whether you're eligible to apply, you can check the eligibility criteria on the UK government website. BCWA can support with how to apply, and there is an organisation, NCDV, which can support with the application for emergency orders for incidents that have happened within the last 10 days - see the links below. Legal Aid may be available, depending on financial circumstances.

NCDV

Government Website

Legal Protections for Victims of Domestic Abuse

Occupation Order

An occupation order is a type of civil court order that allows a person to occupy or use a property, such as a family home, that they do not own or rent. It can also exclude the abuser from the property, even if they are the owner or tenant. It can also require someone to keep paying bills for the property. Who can apply? You can apply for an occupation order if you’re a victim of domestic abuse and meet certain requirements You must either own or rent the property, or have a legal entitlement to occupy it, such as being married to the owner and living in the property. Occupation Orders are more difficult to obtain than Non Molestation Orders as they infringe on the rights of the abuser. How does it work? Once you apply for an occupation order, the court will schedule a hearing where you will have to provide evidence of the abuse you have suffered. If the court grants the order, it will specify who can live in the property or enter the surrounding area. If the abuser breaches the order, they may face criminal charges. If you’re unsure whether you’re eligible to apply, you can check the eligibility criteria on the UK government website.

Shelter

Government Website

Legal Protections for Victims of Domestic Abuse

Clare's Law (DVDS)

Clare’s Law, also known as the Domestic Violence Disclosure Scheme (DVDS), is a UK law that enables the police to disclose information to a victim or potential victim of domestic abuse about their partner’s or ex-partner’s previous abusive or violent offending. Who can apply? Anyone can apply for a disclosure using Clare’s Law, designed to protect potential victims of domestic abuse by allowing them to request information about their partner’s past, or that of a person of concern to them. How does it work? The scheme has two elements: the “Right to Ask” and the “Right to Know”. Under the “Right to Ask”, an individual or relevant third party can ask the police to check whether a current or ex-partner has a violent or abusive past. If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information unprompted. The “Right to Know” enables the police to make a disclosure on their own initiative if they receive information about the violent or abusive behaviour of a person that may impact on the safety of that person’s current or ex-partner. The DVDS was implemented across all police forces in England and Wales in March 2014. You can make an application using the link below if you are in the West Midlands.

Apply

Legal Protections for Victims of Domestic Abuse

Domestic Violence Protection Notice (DVPN)

A Domestic Violence Protection Notice (DVPN) is an official notice issued by the police when there are reasonable grounds to believe that an individual has committed or threatened violence. The issuance of a DVPN is considered necessary to protect the victim from potential harm. Conditions outlined in the DVPN include restrictions on the abuser, such as refraining from visiting the victim's residence, making contact, or issuing threats. The DVPN is initially valid for 48 hours, during which the police must apply to the court for a Domestic Violence Protection Order (DVPO) if they wish to extend. Who can apply? The police for anyone they have reasonable grounds to believe that a DVPN is necessary for their protection. How does it work? The police issue a DVPN based on reasonable grounds for violence or threats. Conditions in the DVPN restrict the abuser from specific actions for 48 hours. Within this period, the police must apply to the court for a DVPO. Breach of a DVPN is not a criminal offense, but breaching it can lead to arrest and court proceedings, treated as a contempt of court. Maximum sentance is 2 month in prison or £5000 fine.

Government Website

Police Website

Legal Protections for Victims of Domestic Abuse

Domestic Violence Protection Order(DVPO)

A Domestic Violence Protection Order (DVPO) shares similar conditions with the DVPN issued by the police. It is granted by a magistrates' court upon the police's application when there is a likelihood that the abuser has been violent or has threatened violence towards the victim, and the DVPO is deemed necessary for protection. The duration of a DVPO ranges from 14 to 28 days. Who can apply? The police can apply for a DVPO to a magistrates' court, seeking protection for a victim they believe is at risk of domestic violence. How does it work? The police apply to a magistrates' court for a DVPO within 48 hours of issuing a DVPN. The court grants the DVPO if it is convinced of the likelihood of violence or threats and deems the order necessary for the victim's protection. DVPOs have a duration of 14 to 28 days, during which victims can seek advice on additional protective measures. Breaching a DVPO is not a criminal offense, but it can result in arrest, with the court treating the breach as a contempt of court. Maximum sentance is 2 month in prison or a £5000 fine.

Government Website

Police Website

Legal Protections for Victims of Domestic Abuse

Restraining Order

A restraining order is a legal directive issued by a criminal court to prohibit an individual, often an abuser, from engaging in specific actions, such as contacting the victim or entering their residence or workplace. This court-issued order serves as a protective measure to ensure the safety and well-being of the person seeking protection. Who can apply? The authority to apply for a restraining order is not limited to the verdict of guilt or innocence in a criminal case. Both the Crown Court and magistrates’ court possess the jurisdiction to issue a restraining order. The Crown Prosecution Service (CPS) can independently initiate the application process, emphasizing the potential need for protective measures irrespective of the defendant's legal status. This empowers individuals who feel threatened or harassed to seek legal protection through a restraining order. How does it work? A restraining order is granted by the court when a judge determines its necessity for safeguarding the victim from harassment or the fear of violence. The duration of a restraining order is at the discretion of the court, ranging from a specified period to an indefinite timeframe. In cases where ongoing criminal proceedings involve a victim, they have the opportunity to actively influence the conditions of the restraining order. This influence can be exercised by engaging with the officer in charge, victim support worker, or domestic abuse support worker. These individuals can guide the victim in articulating their preferences and concerns, helping tailor the restraining order to address specific risks and fears. Breaching such an order constitutes a criminal offense, prompting victims to report violations to the police for investigation and potential legal action against the offender.

CPS

Legal Protections for Victims of Domestic Abuse

Stalking Protection Order (SPO)

A Stalking Protection Order (SPO) is a legal directive issued by a court with the aim of preventing specific stalking-related behaviours. These orders may prohibit an individual from engaging in certain actions associated with stalking, such as approaching a victim's home or workplace. Additionally, an SPO can mandate specific actions from the abuser, such as granting police access to their mobile phones. Who Can Apply? The responsibility for applying for a Stalking Protection Order rests with the police. They should assess each stalking case to determine if an SPO is warranted. An application is considered if the police believe that the abuser has engaged in stalking-related acts, poses a risk of stalking to the victim, and there is reasonable cause to believe that the order is necessary for the victim's protection. How does it work? Police Application: The police apply to a magistrates' court for an SPO, considering the need for an order in every stalking case they encounter. They base their decision on whether the abuser has committed acts associated with stalking, poses a stalking risk to the victim, and if there's a reasonable cause for the order. Risk Assessment and Consultation: Before applying, the police must assess the risk posed by the abuser. They consult with the victim to determine the appropriate conditions to request in the order. Court Decision: The court grants the SPO if satisfied that the abuser has engaged in stalking-related acts, poses a risk of stalking to the victim, and the order is necessary for protection. Duration of SPO: SPOs must last for a minimum of 2 years but can extend indefinitely. The duration is determined by the court based on perceived necessity for the victim's protection.

Government Website

CPS

Legal Protections for Victims of Domestic Abuse

Forced Marriage Protection Order (FMPO)

Forced Marriage Protection Orders are legal orders that can be issued by a court to protect someone from being forced into marriage or to protect someone who has already been forced into marriage. The orders contain legally binding conditions and directions that change the behavior of a person or persons trying to force someone into marriage. A forced marriage is a marriage that takes place without the full and free consent of both parties. Force can include physical force, as well as being pressured emotionally, being threatened, or being a victim of psychological abuse. Who can apply? Anyone who is being forced into marriage or is already in a forced marriage can apply for a Forced Marriage Protection Order. A relevant third party, such as a friend, relative, or voluntary worker, can also apply for a protection order with the leave of the court. Children (those under 18) may have a ‘next friend’ or someone to assist them but do not have to, if they have a legal representative or if the court agrees. How does it work? A Forced Marriage Protection Order is unique to each case and is designed to protect the person who has been or is being, forced into marriage. The court can make an order in an emergency so that protection is in place straight away. Applications for Forced Marriage Protection Orders can be made at the family court, which covers England and Wales. The court can make a Forced Marriage Protection Order to protect a person facing forced marriage or who has been forced into marriage. If someone disobeys a court order, they can be sent to prison for up to 2 years for contempt of court. Breach of a Forced Marriage Protection Order is also a criminal offense with a maximum sentence of 5 years’ imprisonment.

Government Website