Opinion: Why do we separate the mother and child victims of domestic abuse?

[Alison J Stevens]

https://www.familylaw.co.uk/news_and_comment/Opinion-Why-do-we-sepa...

I have been to Court with several PAIN Service Users, with regards to Domestic violence.

Their ploy after my Advice to go to Court and get a Non Molestation Restraining Order and Occupation Order on Their Marital Home.

The Non Molestation Order can be granted by going to the Court Office early AM, and filling the forms in, and putting as much evidence has they can in the Court Bundle.

Evidence could be Police Reports of Domestic Violence, Reports from Hospitalisation after injury pertaining to the Perpetrator, letters from a Social Worker, or GP, or, a Domestic violence charity such as Womans Aid.

There would need to be 3 bundles, one for the Service User, one for the Court, and one for the Perpetrator.

Victims can usually see a Judge Ex parti on the same day.

The Judge in a lot of cases, grants a Non Molestation Order with the power of arrest to the victim.

Perpetrators receive a copy of the Order by a Court Bailiff, and may face arrest if he goings anywhere near to the Victim,

They also are not able to contact the victim via mobile phone.

The Order, should be taken to the Police Station, to confirm the power of arrest on the Order.

Perpetrators can be removed from the Marital home, via the granting of an occupation Order, allowing victims and the Children to remain in the Family home, preventing Social Services removing Children and placing them into care.

Occupation Orders can be granted for a year, then the Order would need to be renewed.

The former could prevent children being removed into care, but in the first instance it is the safety of the children should be paramount.

So a hostel may be the first thing to happen, to guarantee safety of any children and the victim, 

They could go for an occupation order later.

https://www.theguardian.com/society/2014/jan/15/children-domestic-v...

https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice...

https://www.theguardian.com/society/2016/mar/08/domestic-abuse-cour...

The Police need to get Their act into gear, with regards to Non Molestation Orders, and Occupation Orders and Police them adequately, if they have the power of arrest on them.

http://www.safelives.org.uk/policy-evidence/about-domestic-abuse

https://assets.publishing.service.gov.uk/government/uploads/system/...