Domestic Violence

Domestic Violence

What is Domestic Violence?

The Home Office definition of domestic violence is:

“Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults, aged 18 and over, who are or have been intimate partners or family members, regardless of gender or sexuality.”

(Family members are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly related, in-law or step-family.)

What will the Council do for anyone experiencing Domestic Violence?

• A Housing Officer needs to be contacted and you can do this in a variety of ways, including telephoning Swindon 463181, writing to us at Housing Options Team, Wat Tyler East House, or visiting us at Housing Reception, Wat Tyler East House, Civic Offices. Opening Hours Monday, Wednesday, Friday 9.00 – 4.30. Tuesday and Thursday 1.00 – 4.30.
• If you are staying in your home but do not want to be contacted, please give the Council details of an alternative way to contact you i.e. via friends or family
• Our staff will be sensitive, sympathetic, and believing.
• Information received by us is treated in confidence.
• The opportunity on most occasions to be interviewed by an officer of the same sex.
• Assistance is given in completing any relevant council application forms.
• Detailed and consistent advice is provided in relation to each individuals current circumstances.
• If it is not safe for you to stay in your own home, emergency accommodation will be offered to you straightaway, for instance, Swindon Women’s Refuge.
• Advice is available on your legal rights and also how to start taking steps within the legal process and to find a solicitor.
• Relevant housing options. For example, Council’s Housing Register (mutual exchanges, transfers), Housing Associations and the private rented sector, other organisations who can give you practical or emotional help.
• Advice is always available as an on-going provision as and when required, especially in view of the fact that peoples’ circumstances can change at any time.
• The other person involved in the violence will not be contacted by the Council without your consent.
• The Housing Officer involved will let you know as soon as possible what they have decided about your application.
• Once a final decision is made it will be confirmed in writing.
• An appeals system is in place if you are unhappy with the decision.
• We will help with finding somewhere safe to stay.

If you are a victim of a violent relationship you may need somewhere safe to stay, either alone or with your children. The options are:-

• Stay at home if you think this is safe
• Stay with relatives or friends
• Help can be provided by the Swindon Sanctuary Scheme (pdf)
  You can also find advice and useful contact numbers on the Swindon Community Safety Partnership website.
• Stay in a women’s refuge. This is only an option for women (with or without children)
• Get emergency accommodation from the local authority under homeless persons law - this will usually mean a bed and breakfast hostel
• Get privately rented accommodation.

If you are experiencing Domestic Violence, we will ensure that you have access to emergency accommodation, regardless of whether you are renting from the Council, a private landlord or are an owner occupier.

The long term solution may however be different depending upon your type of tenancy/tenure.

Friends and family of those experiencing domestic violence

Swindon Domestic Violence Forum gives advice and contact numbers for friends and family in their downloadable Friends and Family leaflet pdf (72kb).

Longer term solutions  

Once you have found a safe place to stay short-term, you will need to think about what to do in the longer term. You will need to consider:-

• Whether you wish to permanently separate from your partner. You should seek legal advice.
• Whether you want to take action to keep the violent partner away from you. You should seek legal advice.
• Housing. Your legal rights to the family home will depend upon the type of housing you leaving, the legal status of your relationship and whether or not you have children. You should get legal advice to ensure that you do everything possible to protect rights to the family home. You should seek advice about the family home even if you are leaving permanently because, if your partner sells the home, you may lose money and possessions
• If you have children, you will need to decide if you are taking the children with you. You may need to use the courts to resolve who the children should live with and with whom they should have contact. Again, you should seek legal advice
• Money. You will need to sort out your benefit entitlement and tax arrangements and whether or not to apply to court for maintenance for yourself. You may also want to apply to the Child Support Agency for a maintenance assessment for your children. If you claim certain benefits, you will automatically be contacted by the Child Support Agency, and you should keep in mind that claiming maintenance from a violent partner could be distressing or threatening.

Going to a solicitor  

If you want to discuss legal protection for yourself and your children, consult a solicitor who is experienced in matrimonial work. Local Women’s Aid groups, the Police, rape crisis groups, or women’s centres usually know of local solicitors who are both experienced and sympathetic. Follow this link for a list of useful contacts.

You should make an appointment as soon as you feel ready, and could take someone with you for support the first time you go to the solicitor. The initial interview will probably last quite a long time, during which the solicitor should discuss with you what courses of legal action are open to you and whether you entitled to publicly-funded legal services.

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