Domestic Abuse in Alfreton, Heanor and Derby

Domestic Abuse

If you are a victim of domestic abuse (whether this is physical, emotional, or psychological) you do not have to suffer in silence. We can, if necessary, help you apply for an Order to protect you from the abuse. If you have suffered physical violence, threats of violence, emotional, financial, psychological or sexual violence, subject to you being within the financial eligibility limits, you will be eligible for advice on that issue.

If you have evidence meeting the necessary criteria (see below), that you have been a victim of domestic abuse (again subject to financial eligibility) you will 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

  • A letter from your GP or other health professional, confirming they have examined you 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 past 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 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.

  • A copy of a ‘finding of fact’ made in proceedings in the UK that there has been domestic violence by your partner giving risk of or actual harm to you.

To access Legal Aid you will need to be in a position to produce the evidence at your initial meeting, as well as evidence of your income and capital to show you meet the financial eligibility requirements.

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. Please call Peter Rusbridge on 01773 832511 (option 3).

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