Civil and Criminal Legal Remedies for Victims of Domestic Violence

This course covers the whole range of civil and criminal legal remedies for victims of domestic violence. It covers marriage, divorce, cohabitation, forced marriage, Domestic Violence Concession, criminal law, injunctions, children, contact and residence proceedings.

Course contains

Day one

  • Outline of civil and criminal options open to survivors of domestic violence
  • Criminal, civil and family justice system in relation to domestic violence
  • Civil Law: marriage and divorce - Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013
  • Void and voidable marriages
  • Civil law:
    - Law on cohabitation
    - Forced Marriage Protection Orders
    - Domestic Violence Concession
  • Criminal law: police procedures and criminal remedies for survivors of domestic violence covering rape, sexual offences, forced marriage, Female Genital Mutilation and Clare's Law
  • Principal agencies and sources of information that provide legal protection to survivors
  • How to access legal support and advice according to the needs and circumstances of survivors and the role of the survivor in progressing their legal options
  • Case studies.

Day two

  • Injunctions: non-molestation orders and occupation orders
    - Exercises around the subject of who can apply for an injunction
    - Case study: completing an application for an injunction
  • How to access legal support and advice about injunctions
  • Trafficking, National Referral Mechanism and Modern Slavery
  • Children and domestic violence: information and statistics
  • Legal options relating to the protection of children and domestic violence
  • Concept of parental responsibility
  • Orders under the Children Act 1989 and the Children and Families Act 2014
    - Child Arrangement Orders
    - Prohibited Steps Orders
    - Specific Issue Orders
  • Role of  Children and Family Court Advisory and Support Service (Cafcass)
  • The Welfare Checklist: findings of fact hearings
  • How to access legal support regarding children and principal agencies
  • Case studies.

Learning outcomes

After attending this course delegates will:
  • Understand a range of civil legal remedies available to victims of domestic abuse, including divorce, separation, annulment, forced marriage protection orders, domestic violence concession cases and legal remedies relating to children
  • Understand a range of criminal legal remedies available to victims of domestic abuse, including rape, sexual assault, Domestic Violence Protection Orders, Trafficking, Female Genital Mutilation, forced marriage and Clare's Law
  • Be able to complete the court paperwork to apply for an injunction under the Family Law Act 1996.

Suitable for

Anyone working within the field of domestic violence who would like a better grasp of civil and criminal legal remedies for survivors of abuse.

CPD hours 10