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Frequently Asked Questions

Practical issues that may be facing victims of domestic abuse.

I need help now

Domestic abuse is a crime and should be reported to the Police.  If you, your children or someone you know is in immediate danger, always call 999.

If it is unsafe to speak when calling 999, press 55 to access silent solution service.

The police take domestic abuse seriously and will be able to help and protect you.

If you do not feel that you are in immediate danger, but wish to report a non-urgent matter then please contact Merseyside Police by calling 101.

You can also report non-urgent crimes and abuse on the Merseyside Police website via their online reporting tool 

Am I entitled to legal assistance?

You might be able to get legal aid if you have evidence that you or your children have been victims of domestic abuse or abuse and you can’t afford to pay legal costs.

You don’t have to get evidence before talking to a legal aid solicitor or Civil Legal Advice (CLA), but they’ll need to see it before deciding whether you can get legal aid.

You can check your eligibility for legal aid on the government website by clicking here

If you are not eligible for legal aid, you can still apply to the civil courts for protective measures and do this by self-representing rather than having a legal representative. We have a specialist Court IDVA who can discuss your options if you are considering this.

What protection do legal remedies afford me?

Interim Police measures

The legal scope of domestic abuse protections is not limited to abuse which is physical or sexual in its nature; it also now extends to what is called ‘coercive or controlling behaviour’ – essentially psychological and emotional abuse.

The immediate steps to take in the event of domestic abuse are contacting the police and finding somewhere safe to stay if required. The police may decide to make a domestic violence protection notice (DVPN) which allows them to put in place protection in the immediate aftermath of a domestic abuse incident. These protections generally ban the alleged perpetrator of abuse, with immediate effect, from returning to a residence and from having contact with the victim The DVPN must be reviewed by a magistrate after 48 hours, who may decide to impose a domestic abuse protection order (DVPO) which extends the restrictions for 14 to 28 days.

Court orders

You should ask a solicitor about the best way to protect yourself and your family from domestic abuse. There are two main legal remedies which can be applied by the court. Non-molestation order This is a type of injunction designed to prevent your partner or ex-partner from being violent or threatening abuse, intimidating, harassing or pestering you or your children. It can be made against anyone who has demonstrated these types of behaviours and with whom you have had a close relationship – such as a spouse, civil partner, boyfriend or girlfriend, co-habitee or family member.

This type of order can apply to any sort of contact, including by telephone, email, social media.

Occupation order

This injunction aims to deal with the situation where you are living together in a shared family home with the perpetrator of domestic abuse.

The court can decide to order them to move out and stay away from the home, or apply specific restrictions such as requiring them to sleep in a different bedroom. An occupation order may be granted in addition to a non-molestation order.

I am on universal credit – how do I adjust my claim?

All Universal Credit claimants have to comply with some work search and availability rules unless they have circumstances that exempt them.

People who are ‘recent victims of domestic violence’ are exempt from this work conditionality for up to 13 or 26 weeks from the date that they notify the job centre about the abuse. The 26 week limit applies where the person is responsible for a child under 16.

To use this exemption:

  • The abuse must have happened within the last six months;
  • The perpetrator must not be living at the same address;
  • Evidence from a ‘person acting in an official capacity’ is needed.

Universal Credit is not usually paid for the first seven days of a claim. This period is referred to as ‘waiting days’. ‘Recent victims of domestic violence’ do not have to serve the ‘waiting days’. You can report a change of circumstances by either signing in to your Universal Credit account if you have one or calling the Universal Credit helpline if you don’t have an online account.

Universal Credit helpline Telephone: 0800 328 9344. You need to report changes to your circumstances so you keep getting the right amount each month. Your claim might be stopped or reduced if you don’t report a change of circumstances straight away.

What is target hardening, who can help me with this?

Target hardening is a term used where your property is made more secure, by enhancing security with extra locks and bolts etc and aims to reduce homelessness by enabling victims (where safe and appropriate) to stay in their own home.

Many victims do not want to flee their homes or the area where they live as their support networks are there and their children are settled. Target hardening aims to improve security of your home address. This may include considering replacing locks, installing window locks and alarms and putting in measures to reduce the risk of fires.

Your domestic abuse practitioner will explore this with you in your tailored safety & support planning sessions. If you are not currently open to the service, contact us to discuss your options.

Can I go to a refuge?

A refuge is a safe place at a confidential address. A risk assessment and referral form will be completed by refuge staff and this information will then be screened to determine if there is an appropriate vacancy at the Safe2Speak refuge for you.

Alternatively, the refuge staff can assist to source refuge vacancies out of borough by checking the national refuge vacancy database.

Refuge staff will work with you to make sure you get the support and advice you need to move on. You will receive emotional and practical support as well as access to benefits/finances, local schools, legal advice, GPs etc.

Where can I turn to for emotional help?

Your domestic abuse practitioner can offer you emotional support and also link you in with specialist local and national services to access emotional and/or therapeutic support.

Samaritans – if you need someone to talk to, they offer a non-judgemental listening service that you can all any time, day or night – by calling 116123 or you can chat online 

SHOUT Text Support – there is free, confidential, 24/7 text message support is available for anyone who is feeling overwhelmed or is struggling to cope. The service is staffed by trained volunteers who will work with you to take your next steps toward feeling better. They can help with issues such as stress, anxiety and depression and are able to talk via text at any time of day or night. Simply text SHOUT to 85258 for immediate support, available 24/7.

Talking Therapies offer free NHS therapy for people registered with a St Helens GP with mental health problems such as anxiety, stress or depression. Their aim is to help you change the way you feel by changing the way you think. You can self-refer online by clicking here

Chrysalis for Change are a mental health charity who provide a range of support services to females in St Helens.

If you ever find yourself experiencing a mental health crisis, it is important you access urgent specialist mental health support by calling 111 – Help in a crisis

If you are experiencing a mental health crisis and under 18 years old – you can call 01744415640 to speak with the Child & Adolescent Mental health service Crisis Response Team. This number is available 24/7. 

Is there emotional support for my children locally?

We  recommend speaking with any professionals already involved in your child’s life – for example your child’s health visitor and their nursery/school to let them know what is going on so they can offer extra support to your child if needed.

Children and Young People Services – parents can proactively contact St Helens Children’s services for advice and support for their children. Call the Contact Centre on (01744) 676 600 or you can contact outside of office hours via the Emergency Duty Team on 0345 050 0148.

Early HelpSt Helens Family Information Directory | What is Early Help?

Family Hubs – You could access one of the local Family Hubs which offer friendly, fun places, for you and your child to take part in activities. Click here for more information about the support available. 

 

What is a MARAC?

A MARAC, or multi-agency risk assessment conference, is a meeting where information is shared on the highest risk domestic abuse cases between representatives of local police, probation, health, child protection, housing practitioners, Independent Domestic Abuse Advisers (IDVAs) and other specialists from the statutory and voluntary sectors.

After sharing all relevant information about a victim, representatives discuss options for increasing safety for the victim and turn these options into a co-ordinated action plan. The primary focus of the MARAC is to safeguard the adult victim.

If you have an IDVA, they will present your wishes and feelings at this meeting in relation to your situation.

What is Claire’s Law & how to I apply?

Clare’s Law is a scheme allowing Police to disclose to individuals, details of their partners’ abusive past. Every request under Clare’s Law is thoroughly checked by a panel made up of police, probation services and other agencies to ensure information is only passed on where it is lawful, proportionate and necessary.

Trained police officers and advisers are then on hand to support victims through the difficult and sometimes dangerous transitional period. Clare’s Law, or the Domestic Abuse Disclosure Scheme, has two functions:

  • ‘Right to ask’ – this enables someone to ask the police about a partner’s previous history of domestic abuse or violent acts.
  • ‘Right to know’ – police can proactively disclose information in prescribed circumstances.

Once an application is made, police and partner agencies will carry out a range of checks. If these reveal a record of abusive offences, or suggest a risk of abuse or abuse, the police will consider sharing this information.

The aim is to help people to make a more informed decision on whether to continue a relationship and provide help and support when making that choice. If they decide to make a disclosure, this will usually be made to the person at risk.

This is unless, in the circumstances, someone else is better placed to use the information to protect them from abuse. There may be occasions when the police will not let you know whether a disclosure has or has not been made. Any disclosure will be made in person – none of the disclosure is made in writing and you will not be given any documentation.

To make an application you can submit an online form via Merseyside Police website, detailing your request, reason and provide a safe means of contacting you.  You will need to give your name, address and date of birth. Alternatively, please contact the Police on 101.

What is an IDVA?

The main purpose of independent domestic abuse advisors (IDVA) is to address the safety of victims at high risk of harm from intimate partners, ex-partners or family members to secure their safety and the safety of their children. Serving as a victim’s primary point of contact, IDVAs normally work with their clients from the point of crisis to assess the level of risk.

They also discuss the range of suitable options leading to the creation of a workable safety plan. They are proactive in implementing the plans, which address immediate safety, including practical steps to protect victims and their children, as well as longer-term solutions.

These plans will include actions from the Multi-agency Risk Assessment Conference (MARAC) as well as sanctions and remedies available through other organisations. IDVAs support and work over the short to medium term to put victims on the path to long term safety. IDVAs receive specialist accredited training and hold a nationally recognised qualification. Since they work with the highest risk cases, IDVAs are most effective as part of an IDVA service and within a multi-agency framework.

The IDVA’s role in all multi-agency settings is to keep the client’s perspective and safety at the centre of proceedings. Studies have shown that when high risk clients engage with an IDVA, there are clear and measurable improvements in safety, including a reduction in the escalation and severity of abuse and a reduction or even cessation in repeat incidents of abuse.

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