Legal Rights

If you are frightened of your current or former partner, you have a right to be protected under law. These are some of the options that offer you protection under the law:

1. You can apply for a civil court order to tell your abuser to stop harassing or hurting you, or to keep out of or away from your home. The civil law is aimed at protection. A survivor of domestic violence can apply for an injunction (Court Order) either to the Magistrates Court or the County Court (usually through a solicitor). Other family proceedings also take place in these Courts (such as divorce).

2. You have rights under Criminal Law. Being assaulted by someone you know or live with is just as much a crime as violence from a stranger and is often more dangerous. The criminal law is primarily aimed at punishing the offender. The Police together with the Crown Prosecution Service (CPS) initiate the process. Criminal cases are heard either in the Magistrates Court or the Crown Court depending on the severity of the charge.  In some circumstances you can claim criminal injuries compensation (this does not require a solicitor).

The law can also help to protect children. You can apply to the Family Courts for an order specifying where and with whom the children should live, and regulating contact with the other parent and preventing their removal from the country.