Organisations which can help in your area:
Using VEV Evidence
Using VEV evidence
VEV evidence can be used at a later date to report a crime to the police. If you wish for your evidence to be released to the police you will need to let the agency who are holding your photographs know, so that they can arrange for you to sign the release consent forms. Once your consent has been given the police will be contacted to collect the photographs in person and sign to say they have done so. The photographs will then be used as part of their investigation and can be used in any subsequent court case. Unless consent is given for the VEV photographs to be released the police WILL NOT know that the photographs are being held.
To report a crime to the police you can go to your local police station or ring West Midlands police non-emergency number on 0845 113 5000 to arrange for an officer to see you. Your support worker will support you to do this and provide help if your require it. In an emergency please ring 999 for an immediate police response.
When you report a crime to the police you will be nee to tell the police what happened and this will be recorded in a statement. The police will then have to investigate what happened. All this evidence will be presented to the CPS, who decide whether or not to charge the offender. If the evidence is used in a court case and you are required to give evidence your support work will provide ongoing support. The Witness Service are based at every Magistrates and Crown court in the West Midlands and they can provide support to you on the day of the court case.
West Midlands Police: http://www.west-midlands.police.uk
Civil orders are one remedy that can help protect people and keep them safe, and VEV photographs can be used to help prove the need for an injunction. The two types of orders are:
- non-molestation orders
- occupation orders
These orders are applied for at the family proceedings court, and are dealt with by specially trained Magistrates.
Non-molestation orders
This order is used to stop a named person pestering, attacking, threatening or harassing another person, and any relevant children. Each order is unique to take in the circumstances of the person affected and will name all the people it applies to. When making the order the Magistrates will take into account the health, safety and well being of the applicant and any children involved, as well as the benefits the order would provide to applicant.
The burden of proof is lower in the civil court than criminal court, but some evidence of deliberate conduct affecting the applicant or a relevant child is required; this is where VEV photographs can help, as they can form part of the case for an injunction, along with the statement, to show violence has occurred.
If a non-molestation order is needed in an emergency it can be applied for ‘without notice’. This is helpful if you need immediate protection, or if you would be too frightened to pursue an order if you knew they had to face their abuser. Emergency orders can be granted for 28days, and then it has to go back to court to give the other party the opportunity to defend the allegations.
Occupation orders
Occupation orders stipulate who can live in a property. Similar to non-molestation orders they are tailored to individual circumstances. The orders could say that the abuser must leave the property. Injunctions will state how long they apply for; some orders may be given until further notice if the court feels this is necessary to protect the applicant.
Who can apply for an order:
- Co-habitants or former co-habitant ( does not include tenants, lodgers or boarders)
- Married or formerly married
- Civil partners or formerly civil partners
- Relatives - father, mother (includes step parents), son, daughter, (includes step children), grandparent and grandchildren, brother, sister, uncle, aunt, niece, nephew , or first cousin
- Persons who have agreed to be married or enter into a civil partnership (whether or not the agreement continues)
- Both are parents of the same child or have or had a parental responsibility for a child
Since July 2007 this has been expanded to include people who have had an intimate personal relationship, which was enduring.
How to apply
Both orders can be applied for through a solicitor; however the client will have to pay for this service, or apply for Community Legal Service help, which can take time. Alternatively, a ‘DIY’ injunction can be done, and many agencies now help their clients to complete these forms. The court then needs to be informed so they can allocate a time for the court hearing.
Enforcing the orders
If an order is granted by the court it needs to be served on the respondent (perpetrator) if he or she is not at court. There needs to be proof that the order has been served for it to be enforceable. A copy of the order also needs to be given to the local police station so that they are aware of its existence.
If a non-molestation order was granted from 1st July 2007 then any breach is a criminal offence. This makes the order more powerful as tough sentences can be imposed. However the victim has a choice whether the incident is brought back to the family court, or whether they would prefer to go down the criminal court route. Family court does have power to impose short custodial sentences, and has the benefit of being a closed court. Once an order is in place then you can ring the police if there is any breach and the perpetrator will be arrested for breaking their order.
On older Non- Molestation orders and occupation orders a breach goes back to family court. Occupation orders or Non-molestation orders before July last year can have a power of arrest attached to them (POA). Where there is a POA the police can arrest the respondent and take them back to the family court.
Information about legal surgeries can be found through the following agencies:
| South West Victim Support | 0121 702 1660 |
| Coventry Haven | 02476 444 077 |
| Walsall DV forum | 01922 406 767 |
| Birmingham & Solihull Women's Aid Civil orders project | 0121 685 8687 |
| Price Mistry | 0121 200 1577 |
3) Criminal Injuries Compensation Authority
The VEV project also supports victims of violent crime to access criminal injuries compensation. The Criminal Injuries Compensation Authority is a government scheme to compensate victims of violent crime. In order to find out if you can apply for CICA and if you are eligible please contact your local Victim Support Branch who can provide free assistance with criminal injuries compensation.
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