Domestic Abuse & Violence

What is domestic abuse and domestic violence?

The government has defined domestic abuse and domestic violence in a broad sense:

‘any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other’

It can take many forms and might include the following:

Edwards Duthie Shamash makes a special commitment to those who have suffered domestic abuse and domestic violence.  We look to support, advise and assist you as to how to stop it from happening.

We recognise that clients can often require support and need somewhere to turn to if circumstances should deteriorate in the home. As such, even if you decide that you do not wish others to take any initial action immediately, we commit to keeping your file open for a minimum period of three months to keep you under observation and provide you with further best advice and assistance as and when it may be required.

How can we help?

When advising on domestic abuse and domestic violence, there are several options to consider protection:

• The writing of a warning letter
• Contacting the police
• Injunctions / Non-Molestation Orders and Occupation Orders – Applications for protection under Family Law Act 1996
• Advice and support from a domestic abuse charity
• Referral to a refuge/place of safety

What is a warning letter?

Writing a warning letter in which the perpetrator is warned to stop his or her current behaviour can often resolve the issue.  In our warning letters, we advise the perpetrator that if they contact you or continue their current behaviour patterns following receipt of the letter, we will consider an application for an injunction / non-molestation order.

Contacting the police

Domestic assaults are criminal offences; the police can prosecute the perpetrator.  There are strong measures to assist those who are victims from the perpetrator.

It will be up to the police to decide whether and how far they wish to investigate a complaint.  It is a decision for the Crown Prosecution Service whether charges shall be brought against the perpetrator.

If the perpetrator is charged then the police may place bail conditions on them, which may act to protect you whilst the matter comes to court.

If there are no bail conditions in place or if the police do not take action against the perpetrator, we can consider applying to the court for an injunction order.