HELP with Domestic Abuse during the Coronavirus Crisis

Posted: 29th June 2020

Concerns for the safety and well-being of individuals at risk of experiencing domestic abuse during the Coronavirus outbreak have grown exponentially.  Campaigners warn the current restrictions in place could heighten domestic tensions and cut off escape routes. 

Support is being shown with funding for key organisations being put in place by the Scottish Government.  Access to key support services are maintained and victims still have access to methods of reporting crimes during the crisis.  Examples of the services available to you include:

HELPLINES

1. The National Domestic Abuse Helpline

If fleeing domestic abuse, the Helpline can help you find a refuge vacancy for you and your children.  They can also support you to find other specialist services in your community which can provide support whether or not you leave your partner.

Specific Covid-19 advice has been issued by the NDA during this time of crisis, and is accessible through this link: https://www.refuge.org.uk/covid19-survivor-tips/

To contact this Helpline phone 0808 2000 247

2. Scotland’s Domestic Abuse and Forced Marriage 24 Hour Helpline

Scottish Women’s Aid urge anyone suffering to contact this Helpline.  Here, specially trained workers are open 24/7 and are committed to providing a quality service.  You will be given space to speak confidentially and be treated fairly and with respect. 

They welcome calls from everyone.  Help is available regardless of age, disability, sexual orientation, gender, nationality or background.  If English is not your first language, they can speak to you through a confidential translation service.

To contact this Helpline:

3. Men’s Advice Line

This is a confidential helpline, email and webchat service for male victims of domestic abuse.  MAL is a team of friendly male and female advisors who are there to listen and believe you.  They offer non-judgemental support and practical advice.  Their focus is to increase the safety of men and children experiencing domestic abuse.

To contact this Helpline:

4. Rape Crisis Scotland Helpline

This Helpline offers free and confidential support and information by phone, email and text.  Anyone aged 13 and over, of any gender, affected by any form of sexual violence no matter when or how can seek support.  Family, friends and supporters of survivors are also welcome.  A free language interpreter, including British Sign Language, can also be arranged to access support. 

They can also put you in touch with local rape crisis centres or other services if you need longer-term support. 

To contact this Helpline:

5. Hemat Gryffe Woman’s Aid (Glasgow) Helpline

Hemat Gryffe Women’s Aid are women from various backgrounds who are concerned about violence against women, children and young people.  There are multi-lingual employees and volunteers who provide culturally sensitive counselling.  In particular, they recognise that women, children and young people from ethnic minority communities experiencing domestic abuse may be reluctant to seek help from mainstream services due to cultural beliefs.  They actively seek to overcome these obstacles and offer support to all.

To contact this Helpline phone 0141 353 0859.
For more information, visit http://www.hematgryffe.org.uk/

HOW CAN WE HELP?

There are specific remedies we can facilitate for you during this time

1. Interdicts

If you want to prevent your partner coming near your home or behaving in an abusive way towards you, you can take out an interdict against them. This is a court order that bans them from carrying out certain specified actions, including contacting you or attending at certain areas where you may be. If your partner breaches the interdict, they can face a fine or even a prison sentence.

In light of the current Covid-19 crisis, Interdicts are urgent. Emergency hearings can be held in order to get an Interdict granted by a Sheriff, despite the Courts closure at this time. 

2. Non-Harassment Orders

You may also be able to take out a Non-Harassment Order (NHO). When an NHO is granted against your partner, they cannot carry out the action(s) specified in the order. The behaviour you want to prevent must have taken place at least twice before you can raise an action for Non-Harassment. This could be behaviour which is not in itself unlawful or abusive, but which is making you feel distressed or afraid.

If they do, they will be committing a criminal offence. Your ex-partner can face up to five years in prison and/or an unlimited fine. It is up to the police and the courts to enforce the order by taking your partner to court. this means you will not have to raise, and pay for, any court actions yourself. You may have to go to court to give evidence against your partner. But we can help you prepare for this.

You may find it harder to get an NHO than an Interdict because the penalties for breaking the order are severe. You will need help with this and we can advise you on your options and can raise the action in court on your behalf.

3. Power of Arrest

You can ask the court to attach a ‘Power of Arrest’ to certain types of interdict. This means that the police can arrest your partner without a warrant if they breach the Interdict order.

This is a complicated area of law and it depends on the circumstances, including what type of Interdict has been granted. It is vital to speak with us for more advice.

Most Helplines do not provide legal advice.  If you require legal advice and assistance in these unprecedented times, please do not hesitate to contact us on 01389 756785 or by email at info@jpsolicitors.com.