Domestic Violence & the Criminal Law
Help available under the criminal law
What action can the police take?
If you call the police because your partner or
ex-partner is hurting or threatening to hurt you or your children, then
they have a duty to help you and to investigate your complaint. Always call 999 in an emergency. Most police forces now have guidelines about how to respond to domestic violence, and officers will usually arrest
and remove your abuser, or hold him in another room while they talk to
you separately. There are several laws under which the police can take
action.
The police will need to take a statement from you for use in any
prosecution. In some areas police have specialist trained Domestic
Violence Officers who will also contact you, and who will be able to
support you during any legal proceedings. Your abuser can be held,
pending investigations by the police, for up to 24 hours (36 at weekends)
before he has to be taken before a court. Or he can be released on
police bail.
What happens next?
If he is taken before a magistrate following his arrest, then the
court will either remand him in custody or release him on bail. This
will depend on the seriousness of the charge and other factors, as well
as police recommendations. If bail is given, bail conditions can be set
which can include staying away from you or your home, or having to live
at a certain address, for example a bail hostel.
It may be several weeks or months before the full case is heard.
During this time, you may be contacted again by the police on behalf of
the Crown Prosecution Service if they need more information. Even though
the charge is likely to be for a specific incident, it is important in
making any statement to the police to include any information about
previous attacks or incidents where you or your children have been hurt
or threatened. If there is independent evidence (from medical or other
reports, for example) tell the police. This may not be able to be used
in deciding whether your abuser is guilty of the specific offence, but
it might help persuade the CPS to continue with the case, or ask for
bail conditions to be set.
Will I have to go to court?
If your partner or abuser is arrested and charged, then the police
will pass the case to the Crown Prosecution Service who will decide
whether there is enough evidence for the case to go forward. If your
abuser pleads not guilty, this will partly depend on your willingness to
give evidence as a witness for the prosecution. If you do not wish to go
to court as a witness, you will be asked to make a statement to say why.
If you are worried that you may be intimidated or threatened by him,
or by his family or friends either before, at, or after the Court
Hearing, tell the police about this as they may be able to help.
However, even if you want to withdraw the prosecution, the CPS could
make you give evidence as a witness.
What will happen at court?
The case may be heard in the Magistrates Court or the Crown Court (a
higher court with a judge presiding), depending on the severity of the
charge. Your local police should keep you informed of the progress of
the case through the Court Liaison Officer, and you may be supported at
court by the police Domestic Violence Officer, or a representative from
Victim Support. If you are staying in a refuge, or in contact with your
local Women’s Aid, they may also be able to offer support.
You will only be called to court to give evidence if the abuser
pleaded not guilty at a previous hearing. Once the court has heard the
evidence, if the defendant is found guilty, they will usually adjourn
for further reports from the Probation Service, before sentencing.
What sentence is he likely to get?
This depends on the seriousness of the offence and whether the
defendant has previous convictions. The sentence can range from a
conditional discharge to a prison sentence. If the abuser is your
current partner, unless a custodial sentence is given, he is likely to
be able to return home. If you do not want this to happen because you
will still be at risk, you will need to apply for a protection order
under the civil law, ideally before the final court hearing under the
criminal law.
What if he keeps pestering or threatening me or my family?
You should inform the police immediately and make another complaint.
Even if the individual incidents are not serious, they can take action
if a course of conduct is being carried out where you are being harassed
or put in fear of violence. Even if your abuser no longer lives with
you, he may continue to hound you either in person, by letter, by
telephone or through others. Under a new law, called the Protection from
Harassment Act, your partner or ex-partner can be arrested and
prosecuted for this behaviour. The procedure for going to court will be
the same as outlined above. If found guilty, the court can fine or
imprison, and can also grant a restraining order against your
abuser to prevent further harassment. If this is broken, the police can
arrest immediately and any breach may incur a further fine or prison
sentence.
The criminal law can offer you some protection, but its main purpose
is to deal with the offender. Many aspects of controlling and abusive
behaviour cannot be dealt with under the criminal law. If you do not feel safe to give evidence as a witness, or the case is not pursued, or prosecution is unlikely to result in a custodial sentence or safe outcome, you may need to apply for an injunction or a personal
protection order under the civil law.
See also Domestic Violence-Civil Law - right hand menu
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Information on this page is current and last updated: 12/03/2008
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