By Amira Ibrahim
It is essential for survivors to understand the legal process when reporting domestic abuse, as one in four women has experienced domestic abuse since the age of 16.
This is why every victim needs to learn how to seek legal assistance, as it can protect you and ensure your safety. Between April 2019 and March 2022, at least one woman was killed by a male partner/ex-partner every week.
Domestic abuse victims have rights, and the legal system can help you find a way out of a dangerous situation. The process may be overwhelming, but having a strong understanding of the legal process can empower you and provide higher rates of success in a case against your abuser.
How to File a Report
You can contact 999 if you’re in immediate danger. There are other ways to report: you can call 101, submit a report online, or visit your local police station. You can use this page to find your nearest police station by typing your address in the search box. If you have a hearing or speech impairment, you can use the textphone service on 18001 101.
You can take action when you feel safe or comfortable, but it’s advised to seek help as soon as possible. There are many different options to report your abuser, and it’s up to you to choose which option feels safest for you. You do not have to choose to press criminal charges, but you can still seek support.
The police will contact you within 24 hours of reporting the offence to keep you updated. You can also be given a dedicated phone number if you want to find out how your case is going or to alert the officer to any further issues that may arise.
How to Apply for a Protective Order
Victims can apply for a non-molestation order. A non-molestation order can be issued to protect a victim from an abuser enacting physical violence, harassment, or communication. It can prevent him from coming within a certain distance of you, your home, and in some cases, your workplace.
This order can also protect your child. Even if your abuser has not been charged with a criminal offence, you can apply for this order. If he breaches this order, then he can be arrested.
To make an application for this particular order, you and your abuser must have been married, civil partners, living together or partners under the Family Law Act 1996. The order lasts for six to twelve months, and it can be extended depending on the case.
If the order is granted without notice, you will have a hearing two weeks later. This hearing is where your abuser is given an opportunity to oppose the order. Having this order can have a serious impact and emphasises that there are serious consequences for your abuser.
How to Gather Evidence, and How a Court Procedure Plays Out
The criminal proceeding will begin in the magistrates’ court. There will be a panel of three volunteers who listen to court cases in the community. A district judge will accompany them. Sometimes, cases can be transferred to the Crown Court for trial or sentencing. At this court, a jury will be present.
You may be required to provide evidence. This can be achieved by answering questions from the defence lawyer and prosecution lawyer; you’ll have to describe what happened. Your witness statement may be videoed and shown in court, if so, you will not have to go through your evidence again. Other evidence provided may be text messages, images, medical records, witness statements or previous protective orders.
If your abuser is found guilty, he will be convicted and sentenced. The conviction will follow if the magistrates, judge and jury find him guilty.
Filing a report, seeking a protective order or continuing with a criminal proceeding can feel daunting. But it can also be an important step toward ensuring your safety and gaining justice. If you feel ready, taking action could help protect you and others.
As of March 2024, the conviction rate in domestic abuse-related prosecutions in England and Wales stood at 75.8%, with over 51,000 cases brought to court. There is support available at every stage, and the law is there to protect you.