SIMPSON MILLAR FAMILY DEPARTMENT Emma Pearmaine Victoria Walker

1
SIMPSON MILLARFAMILY DEPARTMENT Emma
PearmaineVictoria Walker
2
DOMESTIC VIOLENCEGMB Southern Region
3
What is the definition of Domestic Violence?

• Threatening behaviour
• Emotional abuse
• Physical abuse
• Sexual abuse
• Financial restraints
• Psychological intimidation

4
Who does Domestic Violence affect?

• Individual Women
• At least one in three women is beaten, coerced
  into sex or otherwise abused by an intimate
  partner in the course of her lifetime.
• Women aged 15-44 are more at risk from rape and
  domestic violence than from cancer, motor
  accidents, war and malaria, according to World
  Bank Data.
• Half of all women who die from homicide are
  killed by their current or former husbands /
  partners.

5
Who does Domestic Violence affect?

• Individual Men
• 1 in 6 men in the UK will be affected by domestic
  abuse and violence.
• I still cannot believe what happened to me. My
  partner and I had a good relationship, with
  average ups and downs. I became the excuse for
  all that went wrong work pressures, family
  upsets, financial worries. I couldnt take a
  call from a friend without the verbal
  recrimination. During one argument, the stereo
  speakers flew across the room at me and I was
  shoved out of the door and kicked down the
  stairs. Now I am afraid of causing upset for
  fear of the reaction. As a man, it was the last
  thing I thought would ever happen and I feel so
  ashamed, alone and trapped.

6
Who does Domestic Violence affect?

• Individual Children
• 750,000 children in the UK are affected by
  Domestic Violence.

7
Who does Domestic Violence affect?

• Employers
• 53 of people affected by domestic abuse are
  absent from work at least 3 days a month.
• 56 of abused women arrive late for work at least
  5 times per month.
• 75 of domestic violence abuse victims are
  targeted at work from harassing phone calls /
  texts / emails to abusive partners arriving at
  the workplace.
• Domestic violence costs the UK economy 1.9
  billion per annum.

8
The Corporate Alliance Against Domestic Violence?

• CAADV is a government backed initiative set up by
  Baroness Scotland
• CAADV will provide employers with a toolkit to
  assist employees with DV problems.
• CAADV are talking to employers and Unions could
  they talk to you?

9
Typical Domestic Violence enquiry

• Wife aged 34 years.
• Husband aged 37 years.
• 2 children aged 10 years and 8 years.
• Incident over the weekend out at a party.
• Both wife and husband under the influence of
  alcohol and dispute results in Husband physically
  hitting Wife.
• Wife calls the police and reports an assault.
• Husband is arrested.
• What does Wife do next?

10
Typical Domestic Violence enquiry

• Wife
• She is the victim of a serious assault report
  to the police.
• Does she need an injunction (non molestation or
  occupation order)? Will there be further
  incidents?
• If she is now separating does she need
  financial support and advice about maintenance
  etc?
• Does she need a Residence Order or Contact Order
  for the children?
• What about her employers? Can she get time off
  work to sort all this out? Will she get practical
  and emotional support? What if she works at the
  same place as her Husband?

11
Typical Domestic Violence enquiry

• Children
• Are they safe with both parents?
• Do we need a Children Act Order to provide for
  Residence / Contact?
• Should Social Services, Police Child Protection
  Unit be involved?
• Does the school need to be informed?

12
Typical Domestic Violence enquiry

• Remedies
• Police prosecution
• Civil Proceedings (Non Molestation Order)
• Children Act Proceedings (Private or Public)

13
What is the role of the Union Rep?

• How do you identify a victim/sufferer of DV?
• What signs should you look out for?
• What are the common factors?

14
What is the role of the Union Rep?

• How do you raise DV issues with a colleague you
  believe is a victim who needs help?
• Direct discussion
• Indirect discussion
• How do you provide practical support?

15
What benefit can Simpson Millar give to Union
members?Why come to us?

• Assessment Legal Aid.
• Discounted on private fees.
• Payment of private fees in instalments by
  agreement (based on overall case costs estimate
  and payment over 18 months).
• Specialist advice and representation.
• Understanding, conciliatory but robust
  representation.

16
What happens when you contact us for Family /
Matrimonial advice?

• Ring the helpline for initial free advice.
• If you then need to be referred to a specialist
  Family Solicitor a telephone appointment will be
  arranged at which you will be told-
• a) your legal options and
• b) a strategy to resolve your problem and
• c) the charges for taking action.
• AND
• If you decide not to instruct or do anything yet
  there is no charge for that telephone
  consultation.