Domestic Violence

Domestic Violence FAQS

Below, we have answered some frequently asked questions concerning domestic violence

• What is an emergency protection order?

  An emergency protection order is a short-term court order that provides immediate protection for victims of domestic violence. It can typically be obtained quickly and may require the abuser to leave a shared home or stay away from the victim.

• How long does a protection order last?

  The duration varies. Emergency orders usually last one to 14 days. Longer-term orders can last months or years, depending on the jurisdiction and circumstances.

• Will I have to face my abuser in Court?

  While this is sometimes necessary for full hearings, many jurisdictions have procedures to minimize contact. For emergency orders, you may not need to be in the same room. Your lawyer can advise on specific procedures and help ensure your safety.

• Can I get custody of my children if I leave an abusive situation?

  Courts generally prioritise the safety and well-being of children. If you can demonstrate that your partner is abusive, you have a strong case for custody. A lawyer can help you navigate this process.

• What is a Domestic Violence Protection Notice (DVPN)?

  A DVPN is an emergency protective order that the police can issue to provide immediate protection to an alleged victim of domestic violence. It lasts for 48 hours and can lead to a Domestic Violence Protection Order (DVPO) which lasts up to 28 days.

• Can I get help if I'm not a British citizen?

  Yes, domestic abuse support and legal protections are available regardless of your immigration status. There are also specific provisions for some immigrant victims of domestic abuse under UK immigration rules.

• What is Clare's Law?

  Clare’s Law, or the Domestic Violence Disclosure Scheme, gives you the right to ask the police if your partner has a history of domestic violence. It also allows police to proactively inform people of their partner’s violent history.

• How can I protect my children from an abusive partner?

  You can apply for a Child Arrangements Order to decide where a child lives or when they have contact with a parent. In cases of abuse, you might seek an order for no contact or supervised contact only.

• What should I do if my abuser breaches a Court order?

  Breaching a Non-Molestation Order or Occupation Order is a criminal offence. You should immediately report it to the police. Keep a record of any breaches if it’s safe to do so.

• Can I get help if I'm being abused by a same-sex partner?

  Yes, all domestic abuse laws and protections apply regardless of gender or sexual orientation.

• What support is available if I need to leave my home?

  There are many domestic abuse refuges across the UK. Organisations like Women’s Aid and Refuge can help you find safe accommodation. Local councils also have a duty to house you if you’re homeless due to domestic abuse.