Transcript SIMPSON MILLAR FAMILY DEPARTMENT Emma Pearmaine …

SIMPSON MILLAR
FAMILY DEPARTMENT
Emma Pearmaine
Victoria Walker
DOMESTIC VIOLENCE
GMB Southern Region
What is the definition of Domestic Violence?
• Threatening behaviour
• Emotional abuse
• Physical abuse
• Sexual abuse
• Financial restraints
• Psychological intimidation
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.
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 couldn’t 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”.
Who does Domestic Violence affect?
Individual Children
• 750,000 children in the UK are affected by Domestic Violence.
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.
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?
Typical Domestic Violence enquiry
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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?
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?
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?
Typical Domestic Violence enquiry
Remedies
A) Police prosecution
B) Civil Proceedings (Non Molestation Order)
C) Children Act Proceedings (Private or Public)
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?
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?
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.
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.