In the UK, police receive a domestic abuse related call every 30 seconds, however the real figures are significantly higher, as less than 24% of domestic abuse cases are reported to the police.
Of those cases that are reported to the police, 75% are committed against women. On average, in England and Wales, one woman is killed as a result of domestic abuse every five days.
Domestic abuse can come in all forms, whether that be physical or mental, abuse can also include coercive and controlling behaviour, as well as financial abuse, stalking and harassment.
How Ramsdens can help survivors
Across our Personal Injury, Family and Child Law Departments, we regularly provide support to domestic violence survivors.
In our Personal Injury Department, we have a dedicated team who help by supporting those who have been subjected to crimes of violence, including domestic abuse, to apply for financial compensation via the Criminal Injuries Compensation Authority (CICA) Scheme.
What is the CICA?
The CICA is a government funded scheme, compensating victims of violent crime and abuse. The purpose of the scheme is to compensate victims who may not be able to claim against those responsible for causing their injuries, and applications for compensation are completely confidential.
Compensation for domestic abuse survivors
Under the current ‘Tariff of Injuries’, the eligible scope of domestic abuse covers:
- Physical abuse – one off or repetitive incidents
- Mental abuse and mental injuries
- Sexual abuse
Domestic abuse is not limited to the above forms, as in law it also include financial, emotional or coercive abuse. At the moment the CICA do not compensate for these types of abuse, however there are discussions to have them added to the Tariff of Injuries.
How can Ramsdens help with CICA claims?
At Ramsdens, we offer a No Win, No Fee service, for CICA claims. By using a solicitor to make an application, statistics show that you are more likely to be successful in receiving compensation. Our support includes:
· Free initial consultation to offer guidance on the process and your options
· Support and guidance throughout the entire CICA process
· Signposting to other sources of support
· Provide specialist advice on your circumstances
How else can Ramsdens help victims and survivors of domestic abuse?
Our Child Law Department represent parents in family court proceedings where children’s services have concerns about the children of the family. Parents have often been the victim of domestic abuse which has led to their parenting being compromised. We work with parents to identify the support they need during the crucial period of proceedings when the court is scrutinising the parents’ ability to make changes and protect their children in the long term.
We want to ensure that all parents who have suffered domestic abuse, whether that be physical, sexual or coercive receive the recognition they need and deserve.
Our Family and Child Law departments provide additional services for domestic abuse survivors, such as:
· Non-Molestation Orders
A Non-Molestation Order is a type of injunction used to prevent threats, harassment and violence. The court can place various restrictions on the accused for example from threatening physical violence, intimidating, harassing, pestering or communicating with the victim and any relevant children. Restrictions may also include prohibiting the accused from attending a specific property or area. The victim must be aware of the order and be personally served. If they breach the non-molestation order, they can be arrested. A non-molestation order is usually put in place for 6 months at a time but in some cases can be up to a year.
· Occupation Order
An Occupation Order states who can, or cannot live in the family home or certain parts of it following the abuse that has occurred. In addition, occupation orders can exclude someone from an area around the home. In order to apply for an occupation order the parties must be classed as ‘associated persons’. A person is defined as ‘associated’ with another person if they are or have been married to each other, are or have previously been cohabitants, have or have had an intimate personal relationship with one another for a significant duration. There are however other categories which an applicant can apply under, depending on their circumstances. An occupation order will only be granted in serious circumstances therefore the court has to consider a variety of factors such as the conduct, housing needs and financial resources of each party. The court will also consider whether it believes the applicant or any associated children will suffer significant harm if the order is not made. The court can also attach certain conditions to the order such as making one party responsible for the mortgage and bills. The length of time that an occupation order applies for depends on the court and the circumstances. They are made for a specified period and can be extended for a maximum of 6 months at a time.
Victims of domestic abuse may be entitled to Legal Aid on a means and merits tested basis. This means that your finances will be assessed together with the merits of your application. Depending on how much you earn, you may need to pay a financial contribution towards your fees. In respect of merits, the Legal Aid Agency will assess the likelihood of your application being successful.
Our PI Team work closely with our Family and Child Law departments in order to widen and share knowledge, as well as offer a full range of services to our clients, particularly our clients who are survivors of domestic abuse.
With offices in Leeds, Huddersfield and across Yorkshire, we can provide our services across the entire county. If you are currently being subjected to, or are a survivor of, domestic abuse and would like to talk one of our team about submitting a CICA claim, please contact us on 0113 887 1830 or email us at CICA@ramsdens.co.uk and a member of the team will get back to you as soon as possible.
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given.