Domestic Violence in Derby
If you are a victim of domestic violence and you currently live in Derby or the nearby areas you do not have to suffer in silence. We at Broadbents Solicitors can help you apply for a restraining order. If you have suffered physical violence, threats of violence, emotional, financial, psychological or sexual violence you are likely to be within scope of legal aid depending on your means to obtain a restraining order.
If you can provide evidence that you have been a victim of domestic violence within the last two years, you may be entitled to legal aid which would cover all aspects of your case – including arrangements for any children and any financial issues.
Current regulations set out by the government provide an outline of what constitutes as evidence of domestic violence. This has been summarised in the following:
- A letter from your GP or other health professional, confirming they have examined you within the last two years and they are satisfied you had injuries or a condition consistent with domestic violence and that they have no reason to believe these were not caused by domestic violence.
- The other party has a relevant unspent conviction for a domestic violence offence.
- The other party has a police caution for a relevant domestic violence offence.
- There are ongoing criminal proceedings against the other party for a domestic violence offence.
- A restraining order against the other party protecting you is in place, or has been granted in the last 2 years but has now expired.
- An undertaking given by the other party in relation to an application for a restraining order, provided that you have not given a similar undertaking.
- A letter from the chairman of a MARAC (Multi-Agency Risk Assessment Conference) confirming you were referred as a high risk victim of domestic violence and a plan has been put in place to protect you.
- A letter from social services confirming that within the last 2 years you were assessed as being , or at risk of being, a victim of domestic violence.
- A letter or report from a domestic violence support organisation (in the UK) confirming you had been admitted to a refuge for victims of domestic violence. The letter needs to confirm the reasons you were admitted and the dates you entered and, if applicable, left the refuge.
- A copy of a ‘finding of fact’ made in proceedings in the UK that there has been domestic violence by your partner giving risk or harm to you.
If you wish to receive assistance under this category you will need to be in a position to produce the evidence at your initial meeting. Legal aid does not cover the cost of obtaining the information. If you are not eligible for legal aid because of your income of capital, we will discuss private funding arrangements with you.