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There is no specific criminal offence of 'domestic abuse', but perpetrators may be prosecuted for a variety of other offences instead.

What criminal offences might apply?

Criminal laws that may be broken by perpetrators of domestic abuse include:

• murder (actual or attempted) or manslaughter
• rape or indecent assault
• unlawful wounding
• grievous bodily harm
• assault occasioning actual bodily harm
• aggravated assault
• common assault
• intimidating a witness
• harming or threatening to harm a witness
• harassment and putting a person in fear of violence.

Can I go to the police?

Not all forms of domestic abuse are illegal. Some forms of emotional abuse, for example, may not break any criminal laws. However, if your partner has been physically violent, has threatened violence, or you are worried that s/he may become violent you can contact the police. If you are in immediate danger, call 999 and ask the police to come and help you. Otherwise, you can contact your local police station and say that you want to report a crime.

The police should take any allegations of domestic abuse very seriously. They should interview you and may take a statement detailing the violence. You can ask to speak to a police officer of either sex. Some police forces will have a dedicated domestic abuse officer, who is trained in interviewing people who are victims of domestic abuse. Take your time when being interviewed, and make sure the police have all the details of the incident(s). If you find it distressing, you can ask to take a break.

What will the police do?

The police may be able to:

• arrest the perpetrator of the violence, or detain her/him for questioning; this can be especially useful if you need to leave and need the perpetrator to be out of the way so you can do so
• put you in touch with agencies that can help you
• take you somewhere safe, for example a refuge or the home of a friend or family member
• help you to get medical attention for any injuries
• help you to secure your home so the perpetrator cannot get back in.

Will the police arrest the perpetrator?

When you have contacted the police, they can bring the perpetrator in for questioning and detain them for up to six hours without arresting them. If the police are called out in an emergency situation, the police can arrest your partner straight away. If there is enough evidence, they can charge the perpetrator with an offence (police will decide what offence to charge a perpetrator with).

If the perpetrator is charged, s/he will probably be held in a police cell until s/he can appear in court. If the police don't think you are at risk, they may release the perpetrator on bail before the court date. As long as s/he has been charged, the police can impose bail conditions. These can include a condition to not to go within a certain distance of you. If this condition is broken, the police can detain the perpetrator.

Will I need to have a medical examination?

Depending on the type of abuse you're reporting, you may need to have a medical examination so the police can get evidence of the abuse. If you don't feel comfortable with this, you do not have to agree, but lack of medical evidence may damage the chances of a successful prosecution of the perpetrator. You can ask to be examined by a doctor of either sex.

Will the perpetrator be prosecuted?

If the perpetrator is charged, the police will send a report to the Crown Prosecution Service (CPS), who will decide if:

• there is enough evidence to charge the perpetrator
• it will be in the public interest to do so.

It is usually considered in the public interest to charge a perpetrator of domestic violence.

If the CPS decides not to prosecute, you may want to consider civil remedies, or bring a private criminal prosecution. A solicitor will be able to advise you on private criminal proceedings. However, bear in mind that you will not be entitled to public funding (Legal Aid) if you bring a private prosecution.

If the CPS decides to prosecute, the perpetrator will appear in a magistrates' court to enter a plea of 'guilty' or 'not guilty'. If s/he pleads guilty, s/he can be sentenced there and then, which means that you will not be called to give evidence. If s/he pleads not guilty, a date will be set for a trial. You will probably be called to appear in court as a witness.

Will the perpetrator get bail?

The perpetrator can request bail. If you are concerned about what the perpetrator might do if s/he is released on bail, then you should the police or CPS them about your concerns.

If bail is granted, it will probably be on condition that s/he does not contact or come near you. If s/he breaks this condition, you should contact the police immediately; s/he can be arrested for breach of bail conditions.

Can I drop the charges?

The CPS prosecutes the perpetrator, and only the CPS can drop the charges. You may be able to withdraw your statement, if you do so you could be charged with wasting police time, but in practice this is very unlikely.

Will I have to appear in court?

If the case goes to trial, you will probably have to appear as a witness for the prosecution to give evidence against the perpetrator. You'll receive a letter telling you where and when you have to go. You can claim expenses to cover your travel and any loss of earnings. If you are called as a witness, you must attend court; if you don't, you could be arrested.

Anyone else who saw or heard the abuse, or its effects, may be called as a witness as well. This may include your children. They won't be asked to give evidence in court, but it may still be traumatic for them.

Before the court date you will probably have to speak to the CPS and the perpetrator's solicitor about what happened to you.

What happens at court?

The perpetrator will be in court when you give evidence. However, you won't have to speak to her/him, and s/he will not be told where you are living or staying.

The CPS will have to prove 'beyond reasonable doubt' that the offence took place in order for the perpetrator to be convicted. It is unlikely that the perpetrator would be convicted on your word alone (and thus unlikely that the CPS would proceed with a prosecution). You will probably need the evidence of witnesses or physical evidence of the abuse for a successful prosecution.

If the perpetrator is found guilty, s/he will be sentenced. The sentence s/he receives will depend on what offence s/he has been charged with. If the offence is serious, s/he may be given a prison sentence. If the offence is less serious, they may not be given a prison sentence. If this is the case, s/he may have conditions imposed upon her/him.

If the perpetrator is not given a custodial sentence, or found not guilty, you may want to consider civil remedies.In the civil courts, the court may grant an order even if the perpetrator has been found not guilty in criminal proceedings.

Victim Support provide useful information on what happens in court.

Compensation

You may be able to claim compensation from the Criminal Injuries Compensation Authority (CICA) if you have sustained a serious physical or psychological injury (or both) as a result of domestic abuse.

In order to apply for compensation:

• the perpetrator does not necessarily have to have been convicted, or even charged
• the injury must have been sustained in the last two years (unless there is a very good reason why you could not have applied earlier)
• the crime must have taken place in England, Scotland, or Wales (if you were injured outside of the UK you may be able to claim compensation in the country you were in at the time).

When deciding whether to grant compensation, and how much to grant, the CICA may also take into account:

• your behaviour 
• whether or not you co-operated with the police, and
• whether you have been convicted of certain violent crimes yourself.

Compensation up to a maximum of £500,000 can be granted for the injuries you have suffered and any loss of earnings or expenses you incurred as a result of the violence.

If you want to make a claim, or a claim you have made has been refused, you should get advice. The system used to decide claims can be very complicated but many cases are ultimately successful if appealed.

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