How to collect evidence of domestic violence
If you are the victim of domestic violence, you may be entitled to legal aid to help you cover the costs of court proceedings. This applies to cases where you have experienced controlling or threatening behaviour, violence or abuse (psychological, physical, sexual, financial, and emotional) between family members or those who are or have been intimate partners.
When bringing a claim to court and/or applying for legal aid you must have some form of evidence to show that domestic violence has ocurred.
Was it a domestic violence offence? http://www.justice.gov.uk/downloads/la-private-matters/dv-ca-offences.pdf
The types of evidence you will need when bringing a claim to court and/or applying for legal aid:
|
Types of evidence |
What it is |
How to get it |
Links for further information (if you are asked to log in please click cancel and the template will appear) |
|---|---|---|---|
|
Criminal Conviction |
Proof that your ex partner has been convicted for a domestic violence offence. |
You must get a certificate of conviction from the court where your ex partner was sentenced |
He/she was sentenced in a Magistrates court: www.justice.gov.uk/downloads/la-private-matters/mags-court-conviction-evidence.doc He/she was sentenced in a Crown Court: www.justice.gov.uk/downloads/la-private-matters/crown-court-convictions-evidence.doc |
|
Police Caution |
A warning by the police for a domestic violence offence against you. |
You need to send a letter to the police force that gave them the warning. |
A template letter to fill out and send to the police: |
|
Ongoing Criminal Proceedings |
If your ex partner has been charged with a domestic violence offence against you but has not yet been convicted. |
If you do not have a written record of this such as a letter from the police, you will need to get a copy of the charge sheet. |
Fill out and send to the police force that arrested the offender: www.justice.gov.uk/downloads/la-private-matters/ongoing-criminal-proceedings-evidence.doc |
|
Undertaking |
This is when someone promises the court that they will stop committing domestic violence offences |
You must not have made a promise for a similar offence. You should have a copy of the promise. If you do not, you need to write to the court. |
To get a copy of the promise, fill out this template and send it to the court where the promise was made: www.justice.gov.uk/downloads/la-private-matters/undertaking-protective-injunction.doc |
|
Domestic Violence Refuge
|
If you have stayed in or tried to stay in a refuge after suffering domestic violence in the last 2 years |
Ask for a letter from the refuge saying that you had stayed there or tried to stay there. |
Fill out this template and send it to the refuge or take it there yourself: www.justice.gov.uk/downloads/la-private-matters/stay-at-refuge-evidence.doc |
|
Multi Agency Risk Assessment Conference (MARAC) |
This is a group of people such as police, doctors and social services that get together to make a plan to protect you from domestic violence. |
If this has happened in the last 2 years you must get a letter from the MARAC chairman. |
Fill out this template letter and send to your local police’s public protection unit: www.justice.gov.uk/downloads/la-private-matters/marac-evidence.doc |
|
Social Services |
Social services may have assessed you as being at risk of domestic violence |
If this has happened in the last 2 years you will need a copy of the assessment. It must show your name as the victim and your partners name as the offender. If you don’t have a copy send a letter to them. |
Fill out this template letter and send it to your local social services: www.justice.gov.uk/downloads/la-private-matters/dv-social-services-evidence.doc |
|
Doctors/Nurse/ |
Any of these can give you a letter if you have visited them because of mental health issues or any injuries from domestic violence. |
If this has happened in the last 2 years you will need to send them a letter to ask for proof that you visited them and they believed you had suffered domestic violence. |
Fill out this template and send it or take it to the person you saw: www.justice.gov.uk/downloads/la-private-matters/medical-evidence.doc
|
|
Referral to a domestic violence specialist |
Your doctor or another health specialist may have sent you to a domestic violence support service |
You will need a copy of the referral document. You can get this by asking for a letter from the support service or the person that sent you. |
Fill out this template and send it or take it to the person that sent you or the support service: |
|
Domestic violence protection notice (DVPN)/ Domestic violence protection order (DVPO) |
A notice by the police or court to protect you from violence or any threat of violence |
If this has happened in the last 2 years you should have been given a copy of the notice. If you do not have this write a letter to the police or the court that the notice was ordered. |
Fill out this template and send it or take it to the police or the court: DVPN: www.gov.uk/government/publications/get-a-copy-of-a-domestic-violence-protection-notice--2
DVPO: www.gov.uk/government/publications/get-a-copy-of-a-domestic-violence-protection-order |
Please read all of the templates carefully as you may have to pay a small amount of money to get a copy of the evidence. All of the types of evidence above can be used to bring a case to court (show them to your solicitor) and/or for legal aid.