Domestic Assault Claims
Domestic violence can take many forms including physical and emotional abuse. Domestic assault is a more specific type of domestic violence – it covers actual bodily harm (ABH), grievous bodily harm (GBH) and common assault.
Domestic assault doesn’t just take place between partners. It can involve any direct or indirect family members such as parents, aunts, uncles, grandparents, siblings, in-law relatives and children.
Types of domestic assault
Physical abuse in domestic assault claims includes ABH, GBH and common assault. Anything from pushing and shoving to using a weapon to severely harm a person is considered domestic assault. The incident must be committed in a domestic environment (i.e. your home or a relative’s home) to be considered a domestic assault and it is vital that you report an incidence of domestic assault to the police as soon as you can, as you have two years from the date of the assault to claim compensation.
Sexual abuse in domestic situations usually involves indecent assault, child sexual abuse, intimate partner sexual violence, incest and rape.
All sexual abuse cases are taken very seriously by the authorities. It is vital that you report an incidence of sexual assault or abuse to the police as soon as you can, as you have two years from the date of the assault to claim compensation.
Children who have suffered from sexual assault have until the age of 20 to make a claim to the Criminal Injury Compensation Authority (CICA) as the two year time limit only commences when they reach the age of 18.
How do I make a domestic assault claim?
If you have suffered a domestic assault then you must report the incident to the police as soon as possible and obtain a crime reference number. The assault must have happened in the last 2 years in England, Wales or Scotland in order to be eligible to claim for Compensation from the CICA.. The CICA can reject your claim if there is any ‘unreasonable delay’ in reporting the matter to the police or indeed bringing the claim.
It’s a good idea to seek legal advice before applying to the CICA. Not only can our experienced domestic assault solicitors help you prepare and submit your claim to the Criminal Injuries Compensation Authority (CICA), but we can gather evidence to help maximize the compensation that you may be awarded by them thanks to our years of experience in dealing with these claims.
What evidence do I need to support my domestic assault claim?
We know that being subjected to domestic violence/assault or sexual assault is a horrifying ordeal for any person to deal with and you don’t know what to do. That’s why our specialist Solicitors are here to guide you through every step of the way. The first thing to remember it is important that you provide evidence to support your claim if you’re thinking of claiming compensation.
There are many pieces of evidence you can use to support your domestic assault claim, including:
- Photos of injuries sustained from physical abuse
- Medical records for your treatment
- Prescriptions for any medications you needed
- Witness statements
- Threatening texts, emails or social media messages
- Police evidence
If you don’t have much, or any, evidence then it still could be worth making a claim. We know it can be daunting to file a domestic violence compensation claim and often takes a great deal of courage to do so. As such our dedicated team of solicitors are always happy to talk through with you whether we anticipate you being successful in bringing a successful claim and can guide you towards the right help.
How do I keep my abusive partner or family member away from me while I make my claim?
Often once people have made the decision to bring a claim for domestic or sexual assault they want a clean break away from the person causing the harm. This can if corse be difficult if you share a property with them or even live in the same locality. In situations like this you can choose from two different types of injunction to protect you and your family from an abusive partner:
A non-molestation order: Your partner will not be able to use threat or violence towards you. This also includes any accomplices to your partner.
An occupation order: Your partner will not be able to live in the same property as you and won’t be allowed within a certain radius from the home. You can extend this to include a ‘power of arrest’ which gives the police the authority to immediately arrest your partner if they don’t comply with the order.
If either of these were likely to be of benefit to you then our family team would also be able to offer advice and obtain the right injunction for you.
How much will I get for my domestic assault claim?
The amount you may get for your domestic assault claim depends on the severity of your injuries and the evidence you can provide.
The minimum amount you could claim is £1,000 and the maximum you can claim before reductions is £500,000. At Birchall Blackburn Law we will always try to secure you the highest possible amount for your criminal injury claim
If you have suffered multiple injuries from a pattern of abuse then the compensation is usually based on the most serious injuries you had, rather than each individual injury. However, your injuries will be assessed according to various circumstances such as how many assailants there were, the time period and the nature of the injuries.
How long does it take for the CICA to pay out?
Criminal injuries vary greatly from person to person – but the CICA generally endeavours to make a decision on most claims within 2-3 years. The more severe your injury and the more complex your case, the longer it will take for CICA to come to a decision.
We know dealing with your finances on top of your traumatic experience is the last thing you want to do, so that’s why we will always try to secure an interim payment so you’re not left out of pocket as soon as the CICA have accepted an award will be made
If your claim is successful and you have officially accepted CICA’s offer, then the compensation should be in your bank in 3 – 4 weeks. If the claimant is a child, the money will be held in an interest-bearing account which they can access when they turn 18.
Why choose Birchall Blackburn Law?
If you have been a victim of a domestic assault, it is important to get in touch with Birchall Blackburn Law today to get professional help for starting your claim. Not only can we help you prepare and submit your claim to the CICA, but we can gather evidence to help maximise the compensation that you may be awarded by them thanks to our years of experience in dealing with these claims. We are Association of Personal Injury Lawyers (APIL) senior litigators and Law Society Personal Injury Panel members, to give you extra peace of mind.
We can also help you apply for an occupation order or a non-molestation order if you’re afraid your assailant may attack you again. Please visit our dedicated family law section for more information on this subject.
Call our domestic assault team on Freephone 0800 783 8485 or fill in our contact form here and we will get in touch with you.