Victims of Domestic violence also need to be pointed in the right direction with regards to right Legal advice in the first instance.
Domestic violence victims can go to Court, early am, get the Court forms to fill in.
It is always best to take all evidence that you may have regarding the DV, such as Police files and ABE transcriptions, you can get copies of everything that hold on you by using the data protection act.
Evidence from a Social Worker, Hospital, as well as GP is of great importance as well.
Also take a friend with you or an Advocate from Womansaid or Mensaid,
You can fill the Court forms in.
The Court bundle will require you to have 3 copies of everything, one for the Court, one for the ex Partner, or perpetrator, which will be required to serve on them, and a copy to keep for yourself..
After filing the forms to the Court office, you will then get audience with the Judge, EX Parti,
This can usually happen within an hour or so after filing the forms to the Court.
The forms are to get a non molestation restraining order, as well as getting an occupation order of the marital home.
Usually the Occupation order requires going back to Court, with the perpetrator or ex partner being present.
The orders are usually served to the Corespondent by a Court bailiff .
If an occupation order is granted the same day as the restraining order, the ex Partner will only be given a small amount of time to vacate the matrimonial home, this option is better for any children, and the better option than being placed in a domestic violence hostel.
These orders can be issued with the power of arrest on them, and states that the perpetrator can go no where near the victim, which includes no phone contact either.
It is best to go to your Police station and give them a copy of the restraining order, so they are aware.
In a lot of cases though the former will be not an option, especially if there is children involved and Will require immediate protection, and in this case the only option would be a domestic violence hostel, or go for a short stay with a Family member.
In cases where are no children present, it always seems to be the victim that is forced out of the house.
And with reference to one of our cases where there was no children involved the victim sat on the kitchen floor refusing to move, the police stated that if she did not move the police would arrest her.
In many cases as well the Police are failing domestic violence victims, as in one of our cases, the police did not even give the victim the right of a specialist domestic violence officer.
To go to Court and see the Judge on the same day, does not cost the victim any money at all.
And in cases where there are children within the household, these are the major concern., and the victim should be supported to make a decision in the best interest of her children firstly.
Domestic violence hostels are supported by dedicated workers who know all there is to know about these issues and assist with regards to benefits and housing benefit, as the victim will have to pay to stay in these refuges, but if applicable council tax reduction would be granted.
we have a good list of Solicitors that can assist with regards to child contact issues, divorce, Public law and private law cases.