Understanding the Legal Process: Domestic Abuse
Taking legal action against domestic abuse can feel overwhelming, especially if you’re already dealing with fear, trauma, or confusion. But understanding what happens after reporting abuse and the legal protections available can make the process feel more manageable and empowering.
This guide walks through the key steps in the legal process, from making a report to attending court.
What happens when I report domestic abuse?
You can report abuse to the police at any time, whether the incident just happened or it occurred in the past. If you’re in immediate danger, always call 999.
When you report abuse:
- The police will ask for details about what happened. This may include taking a written or video-recorded statement.
- They may collect evidence, such as photos of injuries, screenshots of messages, or witness accounts.
- The suspect may be arrested, particularly if there’s a risk of further harm.
- You may be referred to support services, such as an Independent Domestic Violence Advisor (IDVA), who can guide you through the legal and emotional process.
You don’t need to have evidence to make a report. The police are trained to investigate and gather it.
What legal protection can I get?
- Non-molestation order
A court order that prevents the abuser from:
- Contacting you directly or indirectly
- Coming near your home, workplace, or children’s school
- Using or threatening violence
Breaching this order is a criminal offence.
- Occupation order
This can determine who stays in or is excluded from the shared home. Even if the property is in the name of the abuser, the court can still order them to leave if there’s a risk to your safety.
Will I have to go to court?
It depends on the case.
Criminal court:
- If the police press charges, the case may go to Magistrates’ Court or Crown Court.
- You may be asked to give evidence, either in person or via video link (especially if you’re scared to face the abuser).
- Special measures (like screens or separate waiting areas) are available to protect you.
Family court:
- If you’re applying for child custody, a non-molestation order, or divorce involving domestic abuse, your case may be heard here.
- You may or may not have to attend in person, depending on the circumstances.
An IDVA, solicitor, or legal advisor can guide you on what to expect and help you prepare.
What evidence is needed in domestic abuse cases?
Every case is different, and even without physical evidence, your account is still valid.
Helpful evidence includes:
- Photos of injuries or damaged property
- Texts, emails, or voicemails with threats or abusive language
- Medical reports
- Police incident logs
- Witness statements
- Diary entries or personal records of incidents
You do not need all of these to begin the legal process. Your experience is enough to start.
How long does the legal process take?
Timelines vary depending on the type of case:
- Emergency protective orders (like non-molestation orders) can be granted within 24–48 hours.
- Criminal cases may take several months to reach court.
- Family proceedings (e.g. child arrangements) can take longer, especially if contested.
It’s understandable to feel frustrated or anxious about delays. You can ask your support worker or solicitor for regular updates.
Taking legal steps against domestic abuse can feel daunting but you’re not expected to do it alone. There are clear protections in place to help you stay safe, and there are professionals and charities who will stand beside you every step of the way.
Whether you’re ready to take action now or just exploring your options, knowing your rights and what to expect can help you take back control, one step at a time.
You deserve support. You are not alone. Call us today.