Typically there are over 1 million female victims of domestic abuse in England and wales. Overall in the UK, more than one in four women and 1 in 6 men will experience domestic abuse in their lifetime often with years of psychological abuse.

 

What is Domestic Abuse?

The Government defines domestic abuse as:

“Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. This includes issues of concern to black and minority ethnic (BME) communities such as so called ‘honour killings’.”

Independent Domestic Violence Advisor (IDVA)

IDVA’s are trained specialists who provide a service to victims of domestic abuse who are at risk of harm from intimate partners, ex-partners or family members, with the aim of securing their safety and the safety of their children.

An IDVA will assess your risk level and will discuss with you a range of options and develop safety plans.

An IDVA will work with a victim over the short to medium term to enable victims to access information and resources which will help to make choices and plans towards their long term safety.

 

How can an IDVA support you at Court?

The Criminal Justice System (CJS) aims to help and assist victims of violence and abuse by taking action against perpetrators.

Court can be a daunting place and it is vital that victims of domestic abuse feel supported. Many victims are scared of court and feel that without specialist support, help and advice they would struggle to attend, unfortunately in many cases this means that their abuse continues.

In order to support victims at court, Black Country Women’s Aid provide a specialist Court IDVA who is available throughout the court process.

 

THIS SERVICE IS AVAILABLE FOR ALL VICTIMS

 

Support can include:

• Listening and being there for victims

• One off or ongoing support through the court process

• Attendance at court

• Ensuring that your views and circumstances are represented post trial with Probation Services

• Tracking of cases and offering information on court hearings, bail conditions and explaining at what current stage your court case has reached

• Liaison with the Crown Prosecution Service (w) and Courts

• Information about Restraining Orders, Residence Orders and Occupation Orders

• Signposting to other agencies who can help e.g. housing

• Access to interpreting service

• Support with Criminal Injuries Compensation

 

Specialist Domestic Violence Court

Within the Magistrates Court, time is allocated as the Specialist Domestic Violence Court. This court only deals with cases of domestic violence and acknowledges the sensitivity of such cases and is able to provide

• Separate entrances (on request)

• Separate waiting areas for victims and witnesses

• Witness Service Support staff who can organise pre-court visits and assist you in court

• Magistrates and District Judges, who have received training around domestic violence

• Domestic Violence Police Officers to attend if necessary

• Access to specialists who can support the needs of diverse communities

• Special measures cannot be granted on the day of the trial

• It is important that you feel comfortable at court.

 

BLACK COUNTRY WOMEN’S AID WILL HELP YOU GET THE RIGHT SUPPORT

 

Useful Information

 

Reporting abuse and collecting evidence

At the time of the reported assault the police will collect evidence from both the victim and the perpetrator. They will then decide whether to pursue legal action. The police will take immediate action to ensure that all parties are safe. This can sometimes involve removing the perpetrator from the premises. This police will never leave an incident where they believe that victims will be further harmed and will enforce the necessary powers to protect all involved. The police will continue to investigate allegations.

The Victims’ Code explains these and other rights.

 

Charging the perpetrator and attendance at court

If there is a decision to charge, the perpetrator will be brought before the court. The Court IDVA can provide support around what happens when a decision to charge has been brought and will inform you what the next steps might be. The Court IDVA will provide support at all stages leading up to the trial, on the day, and afterwards.

 

Victimless Prosecution

If you choose not to attend the Trial there may be enough supporting evidence to continue regardless. In some cases the Court may still summons victims to attend in order to give evidence. You need to understand this and ensure that you feel confident and supported throughout every stage of the process.

 

Giving evidence at court

You will usually be contacted prior to your court date to establish whether you have any specific needs such as transport or special measures. When you arrive at court there are a number of routine security checks that take place. Witness Care will have full details of your case and will provide a secure waiting room and notify the Court IDVA of your arrival.

You will be called by a Court Usher when your case is to be heard and asked to outline the situation leading up to and the action offence. A Court IDVA can accompany you, and where appropriate, provide additional information.

As well as giving evidence at court, victims are invited to provide information for additional reports such as sentencing reports. This is important as it means that your views can be considered by the court when passing sentence. The Court IDVA can help you to contribute to these reports.

 

Decisions at Court

Once all the evidence has been presented the Magistrates will draw conclusions and decide on appropriate action. Decisions can be based upon a number of factors including any previous convictions. All decisions are explained in full to the whole court. Sometimes cases are adjourned with a request for further information if decisions cannot be made on the day of the trial. In addition, sentencing may occur on a separate day.

Sentences can range from a conditional discharge to a prison sentence and can vary in length. In some cases, the perpetrator may be asked to attend a domestic abuse perpetrator programme or to complete a specified activity to reduce the risk of reoffending.

If the perpetrator is placed on a perpetrator programme, Probation Victim’s Services will make direct contact with you. If sentencing is more than 12 months, Probation Services will keep you informed of any breaches to the terms of sentence or any changes to the sentence, e.g. if the perpetrator is released early or anything that might affect your safety.

 

Stay safe!

 

If at any stage you are concerned about your safety it is important that you speak to the Court IDVA or the police who will discuss your options to reduce any risk of harm. Depending on the outcome of the trial you may need to seek civil measures to keep you safe, such as a Non Molestation Order. The Court IDVA and CPS will advise you at court. If abuse continues by means of harassment, intimidation, threats or actual violence and abuse CONTACT THE POLICE!

 

 

Support from Black Country Women’s Aid after the case is closed

 

Black Country Women’s Aid can continue to provide advice and support after your court case has ended.