Making Yourself Safer At The Courthouse
- Sit as far away from the abuser as you can.
- Bring someone you trust to wait with you until your case is heard.
- For a witness, get a blue subpoena so they can come into Family Court at 34 S. 11th Street). A blue subpoena is also known as a friendly witness subpoena. It is available in both English and Spanish at Family Court at 34 S. 11th Street in Customer Service, Clerks Office, Domestic Violence Unit, Custody Intake, Custody Masters Unit, and all courtrooms. Pick up all of the copies you need on the day you file.
- Tell a sheriff or the judges clerk that you are afraid of the abuser and ask him/her to look out for you.
- Make sure you have your court order before you leave.
- Ask the judge or the sheriff to keep the abuser in the courthouse for awhile when the hearing is over leave quickly.
*adapted in part from Domestic Violence Safety Plan: Safety Tips for You and Your Family, a joint project of the American Bar Association Tort Trial and Insurance Practice Section and the ABA Commission on Domestic Violence.
What To Do If You Are A Victim
Domestic abuse will not be tolerated by West Yorkshire Police. We treat all reports seriously and we will do whatever we can to help prevent further incidents occurring. We always encourage those who suffer domestic abuse to report incidents to us.
We have a zero tolerance policy in respect of domestic abuse we will arrest anyone who is alleged to have committed a criminal offence and will prosecute where ever possible and appropriate.
Speaking To The Police
The first step of the police investigation is to make a report. The police will record basic information, such as the date and place of the crime, the names of the people involved and a short summary of what happened.
If you called the police because you were the victim of domestic violence , the police will also ask for your version of the facts . They will ask you questions and details about what happened.
The police can ask you or other witnesses to write down your statements. They can also write it for you and ask you to sign it.
Your statement is important for what happens next. It can be used if charges are filed against the suspect. Make sure your statement is as accurate as possible. You can always contact the police to add more information or clarify your statement later.
Your statement might be all the police need to proceed. However, you can also bring documents to support what you tell them, such as medical reports or pictures.
If you feel that you need support when you are making a complaint, you can ask a friend, family member, a case worker, or a lawyer to go with you to meet the police. The police can ask this person to wait for you outside the room where you make your statement. They can also ask the person not to speak while youre telling them your version of what happened.
To get support for making a complaint, you can contact Crime Victims Assistance Centre at 1 866 LE CAVAC or visit their website.
Read Also: Do You Need A Degree To Become A Police Officer
If You Have A Partner Visa
You and your children can apply to stay in the country permanently if your relationship with your partner has ended because of domestic abuse. You cant apply if youre on a fiancé or proposed civil partner visa.
Your partner must have been:
a British or Irish citizen
someone settled – these means they have indefinite leave to remain or settled status from the EU Settlement Scheme
an EU, EEA or Swiss citizen with pre-settled status
someone whos been in the British Armed Forces for at least 4 years
a refugee or someone with humanitarian protection
If youve separated from your partner because of domestic abuse, you can apply for indefinite leave to remain on GOV.UK.
If your partner is British, Irish, settled or a member of the armed forces, you might be able to get your current visa extended for 3 months. It will also let you access benefits while youre applying for indefinite leave to remain. You can 3-month extension on GOV.UK.
When to tell the Home Office
You must tell the Home Office as soon as you separate – explain your circumstances and that you’ve experienced domestic abuse. The Home Office might end your permission to stay as a partner, so it’s important to make another application to stay as soon as possible.
It’s important to get advice from a specialist adviser or immigration lawyer as soon as you can. If you have no income or a low income, you can get legal aid to pay your lawyers fees.
What Is Domestic Violence
Domestic violence, occurs between people involved in a partner relationship.
Domestic violence is an attempt by one partner to gain power and maintain control over the other partner. Domestic violence can happen to anyone regardless of race, gender, sexual orientation, age, religion, ethnicity, ability, level of education, or economic background.
Also Check: How To Become A Memphis Police Officer
Still No Finite Plans To Use Gps Tracking Technology
The Calgary Police Service in the past had a small number of trackers in circulation using funding from an unnamed corporate sponsor. There are no trackers in use now, the service said in a statement.
Vince Morelli is president of Red Deer-based company SafeTracks GPS Canada, which provides tracking technology to victims and offenders of domestic violence across the country.
Morelli said he has been in conversations with members of the UCP government, some of which have been promising, but there are still no finite plans in place.
“It’s just so disheartening that we’re right here in Alberta,” he said. “We’re responding to from everywhere else in Canada.”
In the meantime, women are dying, Morelli said, and the COVID-19 pandemic and isolation have only increased risks of violence.
People Experiencing Family Violence May Be:
- Fearful or nervous
- Keeping secrets
- Worried about a love ones reaction
If you suspect someone close to you is a victim of family violence, its okay to get involved you could save a life. You could ask them:
- Are you OK?
- Is there anything I can do?
Other tips include:
- Always call Police if you think someone is in danger
- Talk about having a safety plan
- Listen and take what they are saying seriously
- Dont tell them what to do let them make their own decisions, however long it may take
- Give support, not advice.
Don’t Miss: How To Order A Police Report Online
Recognizing Domestic Violence: Warning Signs Of Abuse
Does a current or former partner, household member, or family member
- Hit, punch, slap, kick, or bite you or the children?
- Use or threaten to use a weapon against you?
- Threaten to hurt you or the children?
- Force you to have sex against your will?
- Destroy personal property or sentimental items?
- Control all finances and force you to account in detail for what you spend?
- Humiliate you in front of others?
- Keep track of all of your time?
- Constantly accuse you of being unfaithful?
- Discourage your relationships with family and friends?
- Prevent you from working or attending school?
- Criticize you for little things?
If you find yourself saying yes to any of these questions, you may want to make a plan to stay safe and connect with resources in your community to help you.
Recommended Reading: Do Police Check If Insurance Is Valid
Undocumented Victims Of Crime
The citys Confidentiality Policy prohibits New York City employees, including NYPD officers, from asking about your immigration status. If you are an undocumented immigrant who is a victim of a crime, you may report the crime to the New York City Police Department without fear of being investigated for your immigration status.
U nonimmigrant status provides victims of certain crimes with temporary immigration status if these victims are, have been, or are likely to be helpful in investigation and prosecution of a crime. Pursuant to federal law victims must also meet additional criteria, including suffering substantial mental or physical abuse as a result of the crime. The NYPD does not provide U nonimmigrant status or immigration benefits
Recommended Reading: Does A Police Report Show Up On A Background Check
What Happens After A Report Has Been Made
If you feel ready and wish to report the abuse as a crime, the police will attend and investigate and as a result will potentially have several options available to them for dealing with your case. This may include issuing a Domestic Violence Protection Notice and a Domestic Violence Protection Order .
Both processes are designed to give breathing space to victims by granting a temporary break from their abuser, allowing victims to get support.
A Domestic Violence Protection Notice is a notice served by the police against a person who is aged over 18, where the police reasonably believe that a person has been violent or has threatened violence against you and that you need to be protected.
The DVPN can:
Police Report Filed For Domestic Violence: Now What
When a police report is filed for domestic violence and allegations occur, it is normal for emotions to run high. A lot of times, theres a he said / she said aspect to these scenarios that make it very difficult to sort them out. Situations involving a claims of violence are hectic, but being well informed can help to make a terrible situation easier. If you face an accusation, it is important that you familiarize yourself with what happens next.
Don’t Miss: How To Buy Old Police Cars
Monitoring Provides Sense Of Safety Can Reduce Reoffending
Former Alberta Crown prosecutor Scott Newark, an advocate for this type of monitoring, said it not only provides a sense of safety to victims of partner violence but can work to reduce reoffending.
“Electronic monitoring brings in accountability into that process that helps them because they know that they’re going to get caught if they don’t comply with what the rules are,” said Newark.
He said the government would miss an opportunity to create safer communities should the funding not come through.
“Fund what works. Put money into things that actually produce results.”
If You See Or Suspect Abuse
Often, the best way to help a victim of domestic violence isnt through direct interventionwhich can be dangerous for everyone involved.
But that doesnt mean there arent important steps that friends, family members and bystanders who witness abusive situations can take to support victims and help them get to safety.
You may be inclined to call the police if you see abuse and this may be necessary for emergency situations where someone is at immediate risk of being harmed. However, understand and respect that for various reasons some victims and survivors may not want the police to become involved.
Don’t Miss: What Kind Of Police Jobs Are There
What Will Happen To The Abuser
If the abuser is arrested, he/she will be held in jail until the “first appearance” before a judge. After first appearance, the person can be released until the next hearing. At that next hearing, a temporary injunction can be filed before the abuser is released. This temporary injunction will be active until the final hearing. If the abuser is found to be guilty of domestic violence, he/she will be held on at least one year’s probation and, unless deemed inappropriate by the court, will take part in a batterer’s intervention program that will be a part of probation .
In addition to probation and batterer’s intervention programming, the abuser can be sentenced to a minimum of five days in a county jail if found guilty of intentionally causing bodily harm to another person. If your abuser has a history of domestic abuse, he/she may face a felony charge with up to five years in prison . If this is the case, the abuser will no longer be able to own a firearm and will have any concealed weapon license revoked. If the abuser is convicted of a more severe charge, such as Aggravated Domestic Battery, he/she could face up to 15 years in a state prison .
Finding Somewhere Safe To Stay
You may need somewhere safe to stay, either alone or with your children. If you want to stay at home, you could get legal protection to keep the abuser away.
If you can’t stay at home, you could:
stay with relatives or friends
stay in a refuge
get emergency accommodation from the local authority under homeless persons law
get privately rented accommodation
Recommended Reading: How Can I See My Police Record
Can I Find Out If Someone Has Been Violent Before
Under the Domestic Violence Disclosure Scheme , the police can disclose information about someones history of domestic violence or violent acts.
You can make a request for information if you have concerns about your partner, or you are worried that someone you know may be in a relationship with a previously abusive partner.
To make a request, visit a police station or contact us on .
What Usually Happens In A Domestic Violence Case
These include jail time, domestic violence counseling, fines, various fees, probation and the issuance of a protective order. Additionally, the defendant will likely lose his or her Second Amendment rights and be required to forfeit all firearms. There may be custody issues involving his or her children.
You May Like: Am I On A Police Watch List
Domestic Violence & Intimate Partner Violence
Domestic violence/partner violence is a crime.
It is not a private family matter. It occurs in all socio-economic, ethnic and cultural groups. Domestic violence/partner violence includes violence, threats of violence, or other acts of a criminal nature including elements of emotional and psychological violence committed against a person by that personâs spouse, common-law spouse, boyfriend, girlfriend or other intimate partner, past or present.
You are not alone. Ask for help, and tell a friend or family member you trust, talk to the police or a counsellor. Asking for help can be the first step in ending the cycle of violence.
Find out more about:
Supports in place for you
Legal remedies protecting you from further violence
Sexual Assault Nurse Examiner Program for intimate partners
Restorative Justice Program
Legal Remedies Protecting You From Further Violence
Protection orders are granted on an urgent basis without notice to the respondent. They include conditions that the respondent not contact or communicate with the applicant. They can remain in effect generally for a period of 3 years and are designed to provide added protection for victims of domestic violence and/or stalking. They are granted by a judicial justice of the peace. Protection Orders are free of charge.
Release orders or undertakings are issued by a police supervisor, hearing officer, magistrate or justice after the accused has been arrested and when released prior to the court appearance. These remain in effect during the period the charge is before the court and can contain conditions forbidding the accused from having contact with victim.
Probation orders may be issued by the court at the time of sentencing and may include conditions to assist in protecting the victim and the public at large. These orders are monitored by probation officers and/or police for a specified period of time.
Recommended Reading: Whens The Next Police Auction
Don’t Miss: Can I Make A Police Report Online
Telling Whose Story Over And Over
In one of the cases, the victims account is presented in the investigating officers original notes as follows:
She had gone into the males bedroom to see what he was doing and he became aggressive and threw the computer equipment at her which struck the female on the top of her leg.
But by the time the officer has written the incident up into an MG3 report, the suspect is no longer presented as aggressive. Instead, he is described as perhaps a little agitated as he was tired.
There are other differences in the MG3 version of events. The computer the suspect throws is presented as having struck the female in the original account, yet in the MG3 report, the suspect is reported to have swung the computer around catching her on the leg.
The change means that in the MG3 account, there is less intention in the action. This is crucial since, for a crime of assault to stand, intentionality is one of the points to prove.
In this particular case, the way the gatekeeper used language in their response further diminishes the suspects role, even blaming the victim by presenting the precursor to the abuse as an argument that merely develops.
In interview D/P admits that he was tired and agitated and was trying to sleep. An argument develops between himself and his wife resulting in him picking up the computer and swinging it towards his wife.
Whom To Contact To Make A Complaint
If you have experienced or witnessed domestic violence and dont know what to do, you can call the SOS domestic violence hotline at 1-800-363-9010. They offer 24/7 free bilingual assistance and can provide you with information, support, or access to a shelter. You can also visit their website.
If you need immediate help, contact 9-1-1. The dispatcher will send the police to respond as soon as possible. Anyone can call 9-1-1 to report domestic violence a child, a neighbour, or even a stranger.
If you do not need immediate assistance but wish to file a complaint, you can contact your local police department . They will tell you whether they will send an officer to meet you or whether you should go to your local department to speak to an officer.
Domestic violence is not just physical violence. It can also involve verbal, psychological, sexual, or economic violence. To learn more, see our article What Is Domestic Violence?.
Recommended Reading: How To Become A Police Officer In Knoxville Tn