Domestic Abuse Rights: What are your rights?

Domestic abuse is a serious issue affecting many people in the UK. It can happen to anyone, no matter their race, background, age or gender. Understanding your legal rights is key. It can help you make informed decisions and seek the protection you need.

At Hopkins Solicitors, we are committed to supporting survivors of domestic abuse. We provide expert legal advice and guidance to help you navigate this difficult time. Our team is here to offer compassionate and professional support every step of the way. We aim to empower you with the information you need to understand your options and take action to ensure your safety.

In this blog, we will discuss your rights and the steps you can take to protect yourself. Help is available for you, and you are not alone through this.

Overview of Domestic Abuse

Domestic abuse is any form of abuse within a relationship. It can happen between partners, family members, or people living together. Abuse can be physical, like hitting or pushing. It can also be emotional, like insulting or controlling someone’s feelings.

Psychological abuse includes threats, intimidation, and isolating someone from friends and family. Financial abuse is when one person controls all the money, making the other person feel powerless. These actions can make a person feel trapped and scared.

Domestic abuse can also involve coercive control. This means one person uses manipulation to dominate the other. They might monitor personal communications, like checking messages and emails. This can make the person feel like they have no privacy or freedom.

Understanding the different types of domestic abuse is important. It helps in recognising the signs and taking action. No one should feel at risk or unsafe in their home.

Signs of Domestic Abuse

Recognising the signs of domestic abuse is important. Domestic abuse can take many forms and it isn’t always physical. Here are some common indicators:

1. Isolation from Friends and Family: If someone stops spending time with their loved ones, it could be a sign of abuse. The abuser could be trying to isolate them and stop them from seeing or talking to loved ones. For example, they might make excuses to keep them home or get angry when they go out.
2. Control Over Finances: An abuser might try and control all the finances. This can make the victim feel trapped. They might not have access to bank accounts or be given a strict allowance. Imagine having to ask for money to buy basic things like food or clothes.
3. Constant Belittling: Verbal abuse is common in domestic situations. The abuser may insult, mock, or demean the victim constantly. For example, they might call them names, criticise everything they do, or make them feel worthless.
4. Excessive Monitoring: If someone’s partner constantly checks their phone or wants to know where they are all the time, this is a red flag. It’s a way to control and limit their freedom.

Recognising these signs can help you or someone you know. Remember, help is available, and you don’t have to face this alone.

Request a Callback

Legal Rights and Protections

Protection Orders

Protection orders are legal tools that help keep victims safe from their abusers. There are two main types: non-molestation orders and occupation orders.

• A non-molestation order prevents the abuser from coming within a certain distance of you. This could also be your home address or even your place of work. This helps to stop them from harassing or hurting you. It can also prevent them from contacting you. If the abuser breaks this order, they can be arrested.
• An occupation order decides if the abuser can live in the family home. This can make the abuser leave and stay away. This order ensures you have a safe place to live without fear.

To apply for these orders, you can go to court with the help of a solicitor. The court will look at your situation and decide if the order is needed. Once granted, these orders offer immediate protection.

Domestic Violence Protection Notices and Orders

Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs) are vital tools for ensuring immediate safety in domestic abuse situations.

A DVPN is issued by the police to provide immediate protection. It can make the abuser leave your home and stay away from you. This notice is temporary but effective in giving you instant safety.

Within 48 hours, the police will go to court to apply for a DVPO. This order can last up to 28 days and offers more extended protection. It continues to keep the abuser away from you and prevents further harassment or abuse.

The combination of a DVPN and a DVPO ensures you have immediate and ongoing safety. These orders are crucial for giving you the time and space to seek further help and make decisions about your future.

The Domestic Violence Disclosure Scheme

The Domestic Violence Disclosure Scheme, also known as Clare’s Law, allows you to check if your partner has a history of abuse. This law was named after Clare Wood, who was tragically murdered by her ex-boyfriend. The law helps prevent similar tragedies by giving people crucial information about their partner’s past.

To make a request under Clare’s Law, you can go to your local police station or contact them online. You’ll need to provide your details and explain why you’re concerned. The police will then conduct a thorough check to see if your partner has a history of abusive behaviour. The police will then give advice on how to stay safe. Understanding a partner’s history can help you make informed decisions about your relationship.

Legal Aid and Financial Assistance

If you are experiencing domestic abuse, getting legal help is crucial. Legal aid is available for those who qualify, helping cover the costs of legal advice and representation. To check if you are eligible for legal aid, you can visit the government’s legal aid website or talk to a solicitor. They will help you understand the criteria and guide you through the application process.

In addition to legal aid, other forms of financial assistance are available to abuse survivors. This includes emergency funds from local charities, housing assistance, and welfare benefits. These resources can help you regain financial stability and ensure your safety.

At Hopkins Solicitors, we are committed to supporting you through these challenging times. We can help you understand the legal aid system and connect you with other financial resources to support you.

Specific Considerations for Immigrants

Visa and Immigration Status

If you are an immigrant facing domestic abuse, it’s important to know you have rights and options to protect yourself. One critical right is the possibility of applying for indefinite leave to remain (ILR) in the UK if your relationship ends due to abuse. This allows you to stay in the country without needing to rely on your abusive partner.

To apply for ILR, you need to provide evidence of the abuse and that your relationship has ended because of it. This evidence might include police reports, medical records, or support letters from organisations. These documents help demonstrate the severity of your situation and justify your need to remain in the UK independently.

Additionally, you can apply for a visa extension while your ILR application is being processed. This extension ensures you have legal status in the UK during this critical time, providing you with the stability needed to move forward.

Access to Services

Accessing services can be challenging for immigrant survivors of domestic abuse. Language barriers and lack of knowledge about available resources often make it harder to seek help. It’s crucial to know that specialised services are available to support you.

Many organisations offer language support to help you communicate your needs. These services can include translators or multilingual staff who understand your cultural background. They can help to provide the necessary assistance.

Support groups and shelters specifically cater to immigrant survivors. They provide a safe space and essential resources like housing, legal aid, and counselling. Knowing where to turn for help can make a significant difference in your journey to safety and recovery.

At Hopkins Solicitors, we are dedicated to guiding you through these challenges. Our team can connect you with the right resources and offer compassionate legal support tailored to your situation. Remember, you are not alone, and help is available to support you every step of the way.

Request a Callback

How Hopkins Solicitors Can Help

Hopkins Solicitors is dedicated to supporting survivors of domestic abuse with a range of specialised legal services. Our team understands the difficulties you face and is here to provide the help you need during this challenging time.

We assist with obtaining protection orders, such as non-molestation and occupation orders. These orders can provide immediate safety by legally preventing the abuser from contacting or approaching you. We also help with custody disputes to ensure that your children’s well-being is taken into account and their safety is prioritised.

If you have immigration concerns, we can guide you through applying for visa extensions or indefinite leave to remain. Our goal is to help you stay safe and secure, no matter your immigration status.

Our experienced team handles each case with empathy and care. We know how sensitive these situations can be and strive to offer support that is both practical and compassionate. We listen to your concerns, explain your options clearly, and work tirelessly to achieve the best outcomes for you.

By choosing Hopkins Solicitors, you’re not just getting legal advice—you’re gaining a supportive ally committed to your safety and well-being. We are here to stand by you and guide you through every step of the process, ensuring you get the help and protection you deserve.

Conclusion

In this blog, we’ve explored the vital aspects of domestic abuse rights. We’ve looked at the different forms of abuse, signs to watch for, and the various legal protections available. This blog should have informed you of all protection orders. This includes Domestic Violence Protection Notices and the Domestic Violence Disclosure Scheme. All of which are designed to help keep you safe. Understanding your legal rights and options can make a significant difference in your situation.

You don’t have to face abuse alone. Seeking professional legal advice is a crucial step in protecting yourself and making informed decisions. At Hopkins Solicitors, we are here to provide the support and guidance you need. Our experienced team can help you navigate the legal process and ensure your rights are upheld. Don’t hesitate to reach out to us for personalised help tailored to your unique situation. Your safety and well-being are our top priorities.