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Legal Options & The Justice System

A simple guide to navigating the legal process.

Reporting to the Police

What to expect when you report an incident.

Deciding to involve the police is a significant step. They should take your report seriously and treat you with respect.

  • Giving a Statement: They will ask you to provide a detailed account of what happened. You can ask for a female officer if you prefer. Try to be as factual as possible. The Evidence Locker can help you recall dates and details.
  • Crime Reference Number: You will be given a crime reference number. Keep this safe. It's a key part of your case file.
  • Next Steps: The police will investigate based on your statement and evidence. This could lead to an arrest, charges, or other outcomes.

The period between reporting and giving a formal statement can be very stressful. Read our guide on coping while waiting to give a statement.

Protective Orders (Non-Molestation Orders)

A key tool for your safety.

A Non-Molestation Order is a type of injunction issued by a court to prevent a partner or ex-partner from threatening violence, intimidating, harassing, or pestering you.

You can apply for one through a solicitor or, in some cases, on your own. If the abuser breaches the order, it is a criminal offence, and you should call the police immediately.

Extending a Protective Order

What to do when your order is nearing its end date.

Protective orders like Non-Molestation Orders are typically granted for a fixed period (e.g., 6 or 12 months, but can be longer). If you believe you are still at risk as the order's expiration date approaches, you can apply to the court to have it extended.

To do this, you will generally need to:

  • Apply Before Expiry: It is best to start the process well before the current order expires.
  • Provide Evidence: You will need to show the court that there is an ongoing risk of harm or harassment from the person. Any breaches of the current order, continued attempts at contact, or other incidents you've logged in your Evidence Locker can be very important here.
  • Seek Legal Advice: This process can be complex. It is highly recommended to speak with a solicitor who specializes in family law. They can guide you through the application process and represent you in court.

The Crown Prosecution Service (CPS)

After the police investigate, they pass the evidence to the Crown Prosecution Service (CPS). The CPS is the organisation that decides whether to charge a person with a criminal offence and prosecute them in court.

They make this decision based on whether there is enough evidence for a realistic prospect of conviction and whether it is in the public interest to prosecute.

Family Court

Family court is separate from criminal court. It deals with issues like divorce, child arrangements (custody), and finances. You might need to go to family court to make arrangements for your children's safety and future, even if there isn't a criminal case.

Legal aid is often available for domestic abuse cases in family court. It's highly recommended to get advice from a solicitor specializing in family law.

Questions You Might Have

  • "What if they don't believe me?" This is a common and valid fear. It's why documenting everything in your Evidence Locker is so important. A consistent record of events can be a powerful tool.
  • "Will I have to go to court?" Not always. Many cases are resolved without a full trial. If you do have to go, support is available. The Witness Service can provide support, and you can ask for special measures like screens in the courtroom.
  • "How long does it all take?" The legal process can be very slow, which is incredibly frustrating. This is a flaw in the system. Our guide on 'Coping While Waiting' has strategies to help you through this difficult period.
  • "Can I get Legal Aid?" Legal aid is often available for survivors of domestic abuse for things like protective orders and family court. You will usually need to provide evidence of the abuse, which your Evidence Locker can help with. Organisations like Rights of Women can provide more detailed advice.

Preparing for Trial

If your case goes to trial, it's natural to feel nervous. You can ask for support from the Witness Service. Wear something you feel comfortable and confident in. It's okay to bring a supportive friend or family member with you, though they may not be able to sit in the courtroom itself.

Your Victim Impact Statement

This is a crucial document. It's your opportunity to tell the court, in your own words, how the abuse has affected you physically, emotionally, financially, and socially. This statement can be read out in court and helps the judge understand the true impact of the crime. This is where you can share the reality of your experience, just as I did when I said, 'He made me feel dead'.

What Evidence You'll Need

Strong evidence is key. This includes anything you have saved in your Evidence Locker: screenshots of messages, photos of injuries, dates and times of incidents, and any audio recordings. Medical records and police reports are also important. The more detailed your log, the stronger your case.

Special Measures (Screens in Court)

You have the right to feel as safe as possible in court. You can ask for 'special measures', which can include having screens put up so you do not have to see the defendant while giving your evidence. You can also ask to give evidence via a live video link from another room.

Types of Sentences

A judge has a range of sentencing options depending on the severity of the crime. These can include: a custodial sentence (prison), a suspended sentence (where the person doesn't go to prison unless they commit another offence), a community order (like unpaid work or a behaviour programme), or a fine. The judge's decision is often a complex one, as seen in my own case.