Guidance on domestic violence
Ihave been the victim of domestic violence for the last few years. My partner and I have a five-year-old daughter together. A month ago, his mother died and since then, his actions have become progressively worse. He has been getting drunk each night and shouting at me in front of our daughter. Two days ago he was drunk and violent and, in temper, he strangled me and I almost lost consciousness. A neighbour heard me screaming and called the police who came and removed me and my daughter from the house. We are currently staying at my parents’ home but he keeps calling me and wants to see us. He has said he will collect our daughter from school tomorrow and he wants to keep her overnight. I worry that he may not return her. What should I do?
Iam so sorry to hear that things are so bad for you. If you are concerned about your daughter’s safety, then you will need to act as a matter of urgency to protect her as well as yourself. You should seek legal advice immediately and it may be possible for you to obtain legal aid. There are a number of applications you can make to protect both of you. 1. Prohibited steps order – this order may prevent your partner from taking your daughter out of school. If granted, you would need to contact the school and social services to let them know that he should not be allowed to collect her. 2. Non-molestation order – this order would act to prevent him from harming you and aims to stop him from harassing and being violent towards you and/or your daughter. If your partner were to breach this order, then he could be arrested and face criminal charges punishable by up to five years in prison. You could also complain to the police who could take action to protect you and your daughter from him. An application can also be made by either your partner or yourself for a Child Arrangements Order. This will allow the court to make decisions about how much contact your partner has with your daughter. During this process assessments will be carried out to establish what contact may be in the best interests of your daughter. As you and your daughter are both at significant risk of harm, you can apply for the non-molestation and prohibited steps orders without your partner knowing and once they are delivered to him, you can notify the police and social services. Ben Hoare Bell LLP has specialist family solicitors who can advise you on issues such as this. To speak to a solicitor please phone 0191 565 3112 or email advice@ benhoarebell.co.uk. Visit www.benhoarebell.co.uk for further information.