Ritu Sethi in Asiana Magazine - You are not alone

YOU ARE NOT ALONE

Domestic violence is a crime that sees too many women suffer in silence. Ritu Sethi tells us why you don’t have to lie down and take it anymore…

There is an oft-repeated statistic that 1 in 4 women are a victim of domestic violence during their lifetime. Sadly, this worryingly high figure does not show the true face of domestic violence in the UK today or speak about the individual cases. There’s no legal definition of domestic violence which sometimes makes it difficult to spot and may mean that many incidents go unreported whilst victims suffer in silence.

The term generally refers to any sort of violence that happens in a home. This is more likely to be by one partner against the other but it could just as well be against another family member. Using the word, ‘violence’ is also misleading in that any behaviour, whether it involves threatened or actual violence, forced sexual acts or even derogatory words are caught.

What is positive, is that authorities such as local councils, police and the courts understand about the devastating effect that domestic violence can have on people and families. Local police forces will often have specially trained female officers to assist victims whilst local councils have services where benefits advisors visit people in their homes (or other safe places) and complete application forms to ensure that if victims did need to leave their home that housing and income would be protected. Domestic violence has a huge impact on society and in June 2007, the charity Women’s Aid published statistics which showed that the cost of treating victims through the NHS reached a staggering £1.2 billion per year whereas the overall cost was closer to £27 billion every year.

Figures such as these detract from the terrible reality that victims face, often daily, but it goes a significant way to explaining why urgent steps need to be taken to prevent the violence happening at the source. Unfortunately, the first steps often need to be taken by the victims themselves who suffer extraordinary pressures, and who are reluctant to inform on a partner for fear of reprisal or poverty. Where there are children in the home, women could be worried about protecting them from the effects of their partner’s behaviour or how they will pay the mortgage if their partner was asked to leave the home. It is easy to see how victims will choose to keep silent where they have no access to advice or help. Fortunately, the powers of the Courts in situations such as these are wide-ranging. Perhaps the most well known of remedies to help victims is an injunction (there are several types). These injunctions can often be granted without the other party knowing that the victim had even taken legal advice.

English law now recognises forced marriages, as distinct from arranged marriages, as a type of domestic violence and stringent levels of protection have been put in place to protect young, British citizens who find themselves forced into a marriage for whatever reason. The Government is committed to protecting vulnerable people and if a person feels that they may be forced into a marriage they can seek specialist legal advice, paid for by legal aid, which is a massive leap forward compared to only a few years ago. The plight of Dr Abedin, the GP who had been held hostage by her family in Bangladesh, attracted a great deal of media attention last year and it is easy to see that the outcome could have been markedly different had the agencies and professionals involved not had significant resources at their disposal. A recent change in the law means that even local authorities can apply to specialised Courts for an Order preventing a Forced Marriage (for example, by requiring a named person to surrender a passport).

Despite so much progress in recent years, with the level of help and assistance available to victims, domestic violence remains a difficult subject to discuss. Current proposals are being discussed in parliament to further the powers of police to remove offenders from homes as soon as an allegation is made; there are already powers to prosecute offenders without a complaint being made. It is a sad conclusion that until there is a greater level of awareness about this subject, and the population begin to recognise the symptoms and signs of violence that this terrible secret crime will continue. Victims must often choose to get help in the most difficult of circumstances but fortunately, the help and assistance is there for those who need it.

THE LAW IS ON YOUR SIDE

If you are frightened of your current or former partner, then you have a right to be protected under the law. These are some of the legal options you have

• You have rights under the criminal law. Being assaulted by someone you know or live with is just as much a crime as violence from a stranger, and often more dangerous. You can apply for a civil court order or get an injunction to tell your abuser to stop harassing or hurting you, or to keep out of or away from your home.
• You can get help with emergency or temporary accommodation.
• The law can also help to protect children. You can apply to the Family Courts for an order specifying where and with whom the children should live, and regulating contact with the other parent.
• Domestic violence is dealt with both under the criminal law and the civil law. The two systems are separate and are administered by separate courts:
  • The civil law is primarily aimed at protection (or in some cases compensation). A survivor of domestic violence can make an application for an injunction (a court order) either to the Family Proceedings Court or the County Court (usually through her solicitor). Other family proceedings (such as child contact or divorce) also take place in the County Court.
  • The criminal law is primarily aimed at punishing the offender. The police together with the Crown Prosecution Service (CPS) initiate the process. Criminal cases are heard in either the Magistrates' Court or the Crown Court depending on the severity of the charge. 
  • For detailed information, you can purchase the Women's Aid leaflet 'Domestic violence: Your legal rights' from www.womensaid.org.uk

 Extract taken from Asiana Magazine Winter 2009 (Pages 262 - 263)