Domestic Violence and Child Abuse Reporting | ECLKC (2022)

Learn how to serve and support families experiencing domestic violence where child maltreatment may also be a concern. Discoverhow to file a child abuse report safely, if needed. Find questions to guide decision-making and tips for filing reports when domestic violence is occurring. Reach out toyour supervisor or a local domestic violence prevention and response program advocate for more information andsupport.

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Head Start and Early Head Start program staff can use this resource to learn about how to serve and support families experiencing domestic violence where child maltreatment may also be a concern, and if necessary, how to file a child abuse report safely. Find questions to guide decision-making and tips for filing reports safely when domestic violence is occurring. It is also important to talk with your supervisor or a local domestic violence prevention and response program advocate.

The Head Start Program Performance Standards require that all Head Start and Early Head Start staff “follow appropriate practices to keep children safe during all activities, including reporting of suspected or known child abuse and neglect, and that staff comply with applicable federal, state, local, and tribal laws (Office of Head Start, 2020).” States and tribes have different laws and regulations defining child abuse and neglect and who is a mandatory reporter. Some states specifically list domestic violence as a cause for reporting child abuse and neglect, and some do not. For example, in some states, mandated reporters must file a child abuse and neglect report when children live in homes where there is domestic violence, even when children are not physically or sexually abused.

For more information about local laws, including tribal codes, visit the State Statutes Search page on the Child Welfare Information Gateway website. Tribal codes are listed under the state where the tribe’s government is located. You can also check the tribes’ websites.

For guidance, Head Start and Early Head Start program staff should consult their state laws, local policies, their program’s protocol, and trusted local child welfare and domestic violence experts — while assuring families’ confidentiality. You also can use the questions in this resource to guide decision-making and identify considerations for reporting when domestic violence is occurring.

Understanding Domestic Violence and Child Abuse and Neglect

Living in a home with domestic violence can increase a child’s risk of neglect and physical and sexual abuse. Domestic violence is generally understood to affect the well-being of children. Every situation is different. Not all children or parents are impacted in the same way. Close family connections and strong relationships with loving adults may protect children from the most severe impacts of domestic violence (Quality Improvement Center on Domestic Violence in Child Welfare, 2020).

Understanding the possible connections between domestic violence and child abuse and mandated reporting requirements is challenging. Whether or not local laws mandate a child abuse report when domestic violence is present, it is important to understand the level of risk to the child. In all situations, give careful consideration to the safety of the child and the parent experiencing violence. Pay attention to issues of racial bias in reporting.

Considerations for Level of Risk

There are important safety considerations for situations where domestic violence is occurring. Consider the questions below to determine the level of risk to the child. These questions are related to some of the categories of child abuse and neglect that are common in all states. They include emotional or psychological abuse, physical abuse, and child neglect. Think about your local mandated reporting laws as you answer.

(Video) Domestic Violence on Children

  • Has the child been injured as a result of domestic violence toward the parent?
  • Does the parent using violence and control allow the other parent to meet the child’s needs? For example, does the parent using violence stop the child from going to school or to the doctor?
  • Have any threats been made to harm or kill the child?
  • If a parent experiencing violence is also struggling with addiction or mental health, is this impacting the child’s health and safety?
  • Has the child shown concerning changes in behavior? For example, is the child starting to be aggressive with other children?
  • Has the child expressed fear that they might be hurt or that that the parent will be seriously hurt?
  • Has the parent using violence used a weapon on the family (including pets) or threatened to use a weapon?
  • Has the parent using violence threatened to kill the other parent or commit suicide?
  • Has the violence and control gotten worse over time?

Understanding Control Tactics in the Context of Child Welfare

It is important to understand that a person using violence can use child welfare involvement to assert power and control. When staff understand these tactics, they can be more thoughtful and prepared about their approach to supporting families and to reporting, when warranted. These considerations do not change staff responsibilities as mandated reporters.

It is important to keep in mind that parents who use violence may punish and blame the parent experiencing violence for child welfare or police involvement. They may seek or threaten revenge. Parents using violence may make physical or other kinds of threats. These threats may be about the other parents’ access to money, legal status, and custodial parent status (Davies & Lyon, 2014). They may react to child welfare involvement by (National Domestic Violence Hotline, 2020):

  • Becoming more violent and controlling
  • Telling child welfare staff that the other parent is a bad or unfit parent
  • Intimidating the other parent at work, interfering with finances, or trying to make them lose their job
  • Threatening deportation or withdrawing residency papers or petitions for legal immigration status
  • Threatening to hurt or take custody of the children or to hurt pets
  • Filing false police reports or restraining orders

The presence of these risks does not change a staff member’s obligation to file. They are serious risks for the family and must be addressed. For example, staff can:

  • Find a safe place or situation to discuss these risks with the parent who is experiencing domestic violence
  • Ask the adult who is experiencing domestic violence what their concerns or worries are in case a report needs to be filed. Ask if, or how, they want to share these concerns with the child welfare worker.
  • Assure the parent experiencing violence that you and your program will do all you can to support the parent through this process and to protect against these risks
  • Make connections to community resources and referrals. Examples include local domestic violence prevention and response programs for parents and children, legal aid, mental health, and other services.

Understanding Racial Bias and Mandated Reporting

As a result of systemic racism, children of color are overrepresented in the child welfare system in relation to their number in the total population in the United States (Child Welfare Information Gateway, 2020). Patterns of reports of child abuse and neglect are racially disproportionate.That helps explain whyconfirmed cases of child abuse and neglectare also racially disproportionate. Studies have found that higher rates of poverty among African American children in the child welfare systemmay be anothercontributing factor to this overrepresentation.

Giventhese effects of systemic racism on children of color and their families,Head Start and Early Start programs should be sure to include steps to reflect and examine racial and class bias in their program reporting policies and procedures.

Consider these examples of issues for staff to examine. Reflect on how your own perspective on culture, race, and language may impact your understanding of the family’s reality. Talk to your peers and supervisor about why you want to file a child abuse report. Think together about any racial bias.

Filing Reports Safely

When you have determined that a child abuse report must be filed and have taken steps to identify any racial bias, here are some helpful tips about how to file safely.

Working with Trusted Community Partners

Work with a trusted child welfare partner to discuss any questions about mandated reporting. Clarify any guidance that is not clear. You can share concerns about the safety of a child and parent experiencing violence, without using the family’s name. Together, you can assess available family information while following your program’s confidentiality policies.

In situations like these, program staff should always consider working with a domestic violence advocate to create safety plans that would best support the child and parent experiencing violence. Domestic violence prevention and response programs can also help advocate on behalf of the parents. These programs can provide direct services to families and children.

Staff can take these steps to file a child abuse report safely.

(Video) Reporting Child Abuse

  • Discuss any safety concerns the parent experiencing domestic violence raises with your supervisor or management team.
  • Remind the parent experiencing domestic violence that you are a mandated reporter, and this is a situation where you will need to file a report. Whether or not you inform the person using violence depends on safety considerations. If you do not inform that person, the child welfare or other agency who does will need to carefully consider the family’s safety.
  • Explain to the parent experiencing violence why you need to file a report. Explore together any of the parent’s concerns about their safety after reporting and make a plan to address them. Talk about how the parent experiencing domestic violence thinks the parent using violence will react.
  • File a report with the parent experiencing violence in your office, unless you feel strongly and anticipate that filing the report together could create risks for the child or the parent experiencing violence. Discuss with your supervisor.
  • Share information about local domestic violence prevention and response programs. Ask if the parent experiencing domestic violence would like to talk in confidence to a domestic violence advocate who can help them make a plan to stay safe. You can also talk with the local domestic violence prevention and response program yourself to help you and the parent think about safety options and resources.
  • If you are familiar with child abuse investigations, explain to the parent experiencing domestic violence what is likely to happen during an investigation. If you are not familiar, you can ask a supervisor for advice or provide the parent with resources from your local child welfare office.
  • When making a report, name the parent using violence as the person who is responsible, not the parent experiencing domestic violence. It is important to note that, despite this action, in some courts the parent experiencing domestic violence may be charged with neglect or “failure to protect”.
  • Offer the Head Start or Early Head Start program office as a safe place to conduct the initial investigation interview, if your program policies allow and in consultation with program leadership.
  • Do not make the report in front of the child, no matter how young the child is.
  • Let the parent experiencing domestic violence know if anyone else at the Head Start or Early Head Start program will need to be notified that a child abuse report has been filed.
  • Check in again with the parent experiencing domestic violence soon after filing a report. It is important to know how the report is impacting the family and what help they may need.

Remember, these are general guidelines for filing reports. The process of filing reports may vary in different states and communities. You can use these guidelines in consultation with local child welfare agencies and domestic violence prevention and response programs. Addressing possible racial bias in reporting is also critical in any process for filing a child abuse or neglect report.

Closing Thoughts

Your respect, care, and commitment for families is critical throughout the process of reporting child abuse and domestic violence to ensure the best possible outcomes for the child, family, and program staff.

Reporting child abuse and domestic violence is emotionally challenging. It can be stressful and frightening. At times, the process can lead to self-doubt and conflicting feelings.

Your relationship with the family can be a source of support. Be sure to acknowledge a family’s strengths — and challenges. This is especially important as you take action that, at least at first, can make families fearful and resentful. Tap into your relationships with trusted peers and supervisors to make sure you have support to take of yourself, too.

You can also rely on strong and positive relationships with child welfare agencies and domestic violence prevention and response programs. These partners can help you understand when reporting and follow-up are necessary. They can also help you to partner with families to strengthen their family well-being and ensure their safety.

Resources

To learn more, explore these resources on the Head Start Early Childhood Learning and Knowledge Center (ECLKC) website:

  • Head Start Programs and Child Welfare Partnerships
    • Partnering with Child Welfare Agencies: An Overview
    • Strategies for Partnering with Child Welfare Agencies
    • Engaging Families When There is Child Welfare Involvement
  • Preventing and Responding to Domestic Violence

To find answers to questions you might have about child abuse and domestic violence, review these helpful resources:

Childhelp National Child Abuse Hotline: 800-422-4453 (toll-free)
A 24/7 hotline that offers confidential counseling, information and referrals for families and advocates about all forms of child abuse.

Child Welfare Information Gateway
Find information about each state or territory’s child abuse and neglect laws. The website also lists tribal laws about child abuse and neglect for tribal nations in a state.

National Domestic Violence Hotline: 800-799-7233 (toll-free)
Offers 24/7 confidential support, information, and resources for people experiencing domestic violence.

(Video) Reporting Child Abuse is Everyone's Responsibility

National Suicide Prevention Lifeline: 800-273-8255 (toll-free)
Offers 24/7 confidential hotline for people in crisis and their family and friends.

National Teen Dating Abuse Helpline: 866-331-9474 (toll-free)
Offers 24/7 confidential helpline for young people experiencing dating or domestic violence.

StrongHearts Native Helpline: 844-762-8483 (toll-free)
Confidential hotline for Native Americans experiencing domestic violence, daily from 7 a.m. – 10 p.m. CST.

Substance Abuse and Mental Health Services Administration National Helpline: 800-662-HELP (5347) (toll-free)
Offers 24/7 confidential information in English and Spanish for individuals and family members facing substance abuse and mental health issues.

The State of Adoption in America
Explore this infographic to learn more about the adoption process in the United States.

Tribal Law and Policy Institute
Offers resources, training and assistance for Native Americans and Alaska Natives about tribal legal systems.

References

"Safety Practices, 45 CFR §1302.47." Head Start Early Childhood Learning andKnowledge Center. Accessed September28,2020. https://eclkc.ohs.acf.hhs.gov/policy/45-cfr-chap-xiii/1302-47-safety-practices.

"Abuse in Immigrant Communities." National Domestic Violence Hotline. Accessed September28,2020. https://www.thehotline.org/resources/abuse-in-immigrant-communities/.

"Children of Color in the Child Welfare System: Perspectives from the Child Welfare Community." Child Welfare Information Gateway. Accessed September28,2020. https://www.childwelfare.gov/pubs/otherpubs/children/.

Davies, Jill, and Eleanor Lyon. Domestic Violence Advocacy: Complex Lives/Difficult Choices, 2nded. Thousand Oaks: SAGE Publications, 2014.

(Video) The Impact of Domestic Violence on Children Campbell 10 18 17

"Issue Brief on Protective Factors for Survivors of Domestic Violence." Quality Improvement Center on Domestic Violence in Child Welfare. Accessed September28,2020. https://dvchildwelfare.org/resources/issue-brief-on-the-protective-factors-for-survivors-of-domestic-violence/.

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Child abuse,Domestic violence

Resource Type:Publication

National Centers:Parent, Family and Community Engagement

Last Updated: May 9, 2022

FAQs

Does domestic abuse go on record? ›

Incidents of domestic abuse that resulted in a crime being recorded by the police and are included in police recorded crime. These can also be referred to as domestic abuse-related offences.

What's classed as domestic abuse? ›

We define domestic abuse as an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, in the majority of cases by a partner or ex-partner, but also by a family member or carer. It is very common.

What to do if you know a child is being mistreated? ›

How do I report suspected child abuse or neglect? Contact your local child protective services office or law enforcement agency. Provides information on the Childhelp National Child Abuse Hotline (Call or text 1.800. 4.

What are the 3 phases in the domestic violence cycle? ›

It has three distinct phases which are generally present in violent relationships: Tension Building Phase. Violent Episode Phase. Remorseful/Honeymoon Phase.

Can police press charges if victim doesn't want to? ›

Contrary to what most people think, the police can issue charges even if the victim asks them not to go forward. If the police charged you even though the alleged victim doesn't want to pursue a criminal complaint, you still need an experienced and dedicated criminal defense lawyer on your side.

Can CPS prosecute without victim statement? ›

The CPS recognises that successful prosecutions can only happen if victims and witnesses feel confident and capable of giving their best evidence. This is more likely to happen if those involved in the Criminal Justice System understand the particular requirements that people with mental health issues may have.

What are the 5 signs of emotional abuse? ›

5 Signs of Emotional Abuse
  • They are Hyper-Critical or Judgmental Towards You. ...
  • They Ignore Boundaries or Invade Your Privacy. ...
  • They are Possessive and/or Controlling. ...
  • They are Manipulative. ...
  • They Often Dismiss You and Your Feelings.
23 May 2017

Is telling someone to shut up abusive? ›

Any form of yelling and screaming, particularly out of context. Even yelling “Shut up!” is abusive.

What is Gaslighting emotional abuse? ›

Gaslighting is a form of psychological abuse in which a person or group causes someone to question their own sanity, memories, or perception of reality. People who experience gaslighting may feel confused, anxious, or as though they cannot trust themselves.

What are the 4 types of child neglect? ›

Answer
  • Physical Neglect. The failure to provide necessary food, clothing, and shelter; inappropriate or lack of supervision.
  • Medical Neglect. The failure to provide necessary medical or mental health treatment.
  • Educational Neglect. ...
  • Emotional Neglect.
27 Dec 2018

What are valid reasons to call CPS? ›

This includes physical abuse, sexual abuse, emotional maltreatment, and exposure to domestic violence. Neglect refers to situations in which a child's caregiver fails to provide adequate clothing, food or shelter, deliberately or otherwise.

How do you report if you think a child is in danger? ›

Call 0808 800 5000

It's free and you don't have to say who you are. Calls are free from landlines and most mobiles.

What evidence should be collected in a domestic violence case? ›

Independent, corroborative evidence that can be used in such cases includes a 911-call recording; visible injuries photographed by a police officer or observed by a person other than the victim; physical evidence at the crime scene such as a weapon, broken furniture, victim's torn clothing, or a telephone ripped out of ...

Which of the following is an example of emotional abuse? ›

Emotional abuse includes: humiliating or constantly criticising a child. threatening, shouting at a child or calling them names. making the child the subject of jokes, or using sarcasm to hurt a child.

What do you notice in the cycle of abuse? ›

The cycle of abuse is made up of four stages. These stages include the building of tension, the abuse incident, the reconciliation, and a period of calm.

Can someone press charges without proof? ›

In general, you cannot be charged without evidence, but many people take this to mean physical evidence. In the absence of physical evidence, you can still receive drug charges if you had control over an illegal substance or had the intent to sell or distribute that substance, even if you did not physically possess it.

Can you withdraw a victim statement? ›

Once you have made a victim personal statement you cannot withdraw or change it. However, if you feel you have found further longer term effects of the crime you may be able to make another statement that updates the information provided in the first one.

Can police prosecute without victims? ›

A prosecution can progress even if there is no support from a key witness or victim. However, there must be some evidence. Evidence can come from things said in the heat of the moment by one party or the other that can be recorded and later relied upon in a court trial.

Do all domestic violence cases go to CPS? ›

Not every complaint of domestic abuse is referred to the CPS for a charging decision; however, we are determined to see more perpetrators brought to justice and will work hard with criminal justice partners to increase the number of victims for whom we can secure justice.

How do CPS decide to charge? ›

The standard of evidence needed in order for the CPS or police to make a charging decision is set out in the Code for Crown Prosecutors. The prosecutor must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.

What are the five things that the CPS does? ›

The CPS:
  • decides which cases should be prosecuted;
  • determines the appropriate charges in more serious or complex cases, and advises the police during the early stages of investigations;
  • prepares cases and presents them at court; and.
  • provides information, assistance and support to victims and prosecution witnesses.

What are signs of narcissistic abuse? ›

Symptoms of Narcissistic Abuse Syndrome
  • Always Walking On Egg Shells. As a human, you tend to avoid things that remind you of terrible things in the past. ...
  • Sense of Mistrust. ...
  • Self-Isolation. ...
  • Loss of Self Worth. ...
  • Feeling Lonely. ...
  • Freezing Up. ...
  • Trouble Making Decisions. ...
  • Feeling Like You've Done Something Wrong.
23 Dec 2020

How do emotional abuse victims act? ›

Emotional and psychological abuse can have severe short- and long-term effects. This type of abuse can affect both your physical and your mental health. You may experience feelings of confusion, anxiety, shame, guilt, frequent crying, over-compliance, powerlessness, and more.

What are signs of Gaslighting? ›

Signs of gaslighting
  • insist you said or did things you know you didn't do.
  • deny or scoff at your recollection of events.
  • call you “too sensitive” or “crazy” when you express your needs or concerns.
  • express doubts to others about your feelings, behavior, and state of mind.
  • twisting or retelling events to shift blame to you.

What words are considered verbal abuse? ›

Verbal abuse involves using words to name call, bully, demean, frighten, intimidate, or control another person. This can include overt verbal abuse such as yelling, screaming, or swearing.

What do you do when a family member verbally attacks you? ›

Attempt to talk to them and resolve the conflict, but if they refuse to respond-- or try to shift accountability to you or someone else -- move on and don't engage. This isn't a return of the silent treatment; this is you allowing the conversation to end on your terms.

What to do when someone tells you to shut up? ›

Here are some funny and playful comebacks to “Shut up” that will get them back good.
  1. 01“Awww, are you having a bad day?” ...
  2. 02“I will not be silenced!” ...
  3. 03“Make me.” ...
  4. 04“Your wish is my command.” ...
  5. 05“Roses are red, violets are blue. ...
  6. 06“If you don't wanna hear me, cover your ears.”
21 Oct 2019

What are 10 signs of gaslighting? ›

10 Signs of Gaslighting Behaviour
  • Blatant Lies. You know the person is lying, often and with ease, yet they say they do not recognise this in their behaviour. ...
  • Deny, Deny, Deny. You know what they said. ...
  • Using What You Love Against You. ...
  • Losing Your Sense of Self. ...
  • Words Versus Actions. ...
  • Love and Flattery. ...
  • Confusion. ...
  • Projecting.
15 May 2019

What is the toxic trio? ›

The Toxic Trio

The term 'Toxic Trio' has been used to describe the issues of domestic abuse, mental ill-health and substance misuse which have been identified as common features of families where harm to children and adults has occurred.

What is passive neglect? ›

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

What is lack of parenting? ›

Uninvolved parenting, sometimes referred to as neglectful parenting, is a style characterized by a lack of responsiveness to a child's needs. Uninvolved parents make few to no demands of their children and they are often indifferent, dismissive, or even completely neglectful.

Should I call CPS on my ex? ›

Calling CPS should never be used as a strategy to win a custody case; instead, CPS should only be contacted if a person has concerns about the safety of the children. A court can use unsubstantiated allegations to CPS against a parent who makes them.

What happens when social services get called? ›

The helpline team will make a report and share information with social services. They might also contact local police if the child is in immediate danger. If the helpline don't need to make a referral, they'll give you advice on what you can do or information on local services.

How soon would you report any concerns about abuse? ›

8.4 Timeliness & risk

An evaluation of the risk of harm to the adult must take place on the same day as the concern is identified. Adult safeguarding concerns should be reported to the Adult Helpdesk without delay. The indicative timescale for reporting the concern is within the same working day.

Can you report a child for assault? ›

visit a police station to speak to an officer in person. contact the NSPCC to speak to a professional practitioner. contact the children's social care team at your local council. contact Crimestoppers confidentially and anonymously.

What happens when you report someone to safeguarding? ›

What Happens After a Report. If you've called a protection agency or the police, they will take your report and act on it accordingly. If you've given your report to a DSL, they may simply contact a further authority while making sure the head of your organisation is aware of the issue.

How do you build a case against an abuser? ›

Building Your Case: How to Document Abuse
  1. Verbal testimony from you or your witnesses.
  2. Medical reports of injuries from the abuse.
  3. Pictures (dated) of any injuries.
  4. Police reports of when you or a witness called the police.
  5. Household objects torn or broken by the abuser.

What evidence is collected from victims? ›

Evidence Collection From Victim

A record of the injury, including descriptive and narrative notes that document the physical appearance, colour, size and orientation of the injury. Questions such as ' What is the location on the body?

What is collection evidence? ›

Evidence Collection: and Analysis is the retrieval and subsequent investigation into criminal evidence obtained from a crime scene.

What are three examples of psychological abuse? ›

Psychological abuse can include someone regularly: Embarrassing you in public or in front of family, friends, support workers or people you work with. Calling you names. Threatening to harm you, your pets, children, or other people who are important to you.

What is the most common type of emotional abuse? ›

Verbal abuse is the most common form of emotional abuse, but it's often unrecognized, because it may be subtle and insidious.

What does emotional abuse do to a woman? ›

Staying in an emotionally or verbally abusive relationship can have long-lasting effects on your physical and mental health, including leading to chronic pain, depression, or anxiety. Read more about the effects on your health. You may also: Question your memory of events: “Did that really happen?” (See Gaslighting.)

What are the 5 signs of emotional abuse? ›

5 Signs of Emotional Abuse
  • They are Hyper-Critical or Judgmental Towards You. ...
  • They Ignore Boundaries or Invade Your Privacy. ...
  • They are Possessive and/or Controlling. ...
  • They are Manipulative. ...
  • They Often Dismiss You and Your Feelings.
23 May 2017

What is the narcissistic abuse cycle? ›

The narcissistic abuse cycle refers to an abusive pattern of behavior that characterizes the relationships of people with narcissistic traits. It involves first idealizing a person, then devaluing them, repeating the cycle, and eventually discarding them when they are of no further use.

What are the 3 phases in the domestic violence cycle? ›

It has three distinct phases which are generally present in violent relationships: Tension Building Phase. Violent Episode Phase. Remorseful/Honeymoon Phase.

How long does domestic violence stay on record UK? ›

Since 2006, the police retain details of all recordable offences until you reach 100 years of age.

What shows on Clare's Law? ›

Clare's Law – Right to Know and Right to Ask

The police will check their records for the individual in relation to any convictions – if the records shows (or suggests a risk) of a history of abusive or violent offences, the police will then decide whether to share the information with you.

What percentage of domestic violence cases get dismissed UK? ›

In the year up to March 2020, 54.8% cases were dropped after the victim did not support the prosecution of a suspect, even though charges can still be brought without the victim's consent if there is other evidence. Around 20% of cases did not proceed due to evidential difficulties.

Can you record verbal abuse UK? ›

Yes. Even non-consensual covert audio or video recordings can be used as admissible evidence in UK legal proceedings.

What shows up on a DBS check? ›

Standard DBS check

This is a check of your criminal record which will show details of all spent and unspent convictions, cautions, reprimands and final warnings held on central police records (apart from protected convictions and cautions).

Can I withdraw my statement in a domestic violence case? ›

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you're worried about giving evidence, you should tell the police how you feel.

Can police press charges without victims consent UK? ›

The answer is yes, but with a caveat. The police do not require the victim's consent to press charges. However, if the victim is no longer willing to give evidence, the CPS can run into difficulties during the prosecution if the alleged victim becomes what is known as a 'hostile witness'.

Can I find out if my boyfriend has a criminal record? ›

People can approach the Police proactively and ask about their new boyfriend or partner's past police record. This is known as the “right to ask”.

Does Clares Law only show convictions? ›

Clare's Law deals primarily with convictions for violent or abusive behaviour. For other serious offences, such as sexual offences, there is a separate disclosure scheme, Sarah's Law.

Who is marac? ›

MARAC stands for Multi-Agency Risk Assessment Conference. The Domestic Violence MARAC is a meeting where agencies talk about the risk of future harm to people experiencing domestic abuse and if necessary their children, and draw up an action plan to help manage that risk.

How long does CPS take to decide? ›

Communicate final review outcome

The CPS will, wherever possible, complete the review and communicate the decision to the victim within an overall review timeframe of 30 working days.

Do the CPS always prosecute? ›

A prosecution will usually take place however, unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour. The CPS will only start or continue a prosecution if a case has passed both stages.

What percentage of cases do CPS charge? ›

The average time from first submission by the police to the CPS decision to charge has increased from 23.77 in Q3 21/22 to 27.7 in Q4 21/22. The proportion charged (out of all legal decisions) for Q4 21/22 (72.6%) is slightly higher than Q3 21/22 (72.2%).

Is shouting at someone assault? ›

Simple assault is any criminal act that involves violence. It can possibly include someone yelling to intimidate or threatening another person or even gesturing with their hand can be an assault without touching or causing any injuries.

Can a secret recording be used as evidence? ›

If there is no permission, the recording will be illegal and cannot be used as evidence in enquiries, in court or for any other purpose.

How do you prove verbal harassment? ›

One of the best ways to prove verbal harassment is to obtain the testimony of an objective third party. If another worker who is not involved in the situation overhears an incident of harassment, he or she may be willing to corroborate a victim's story.

Videos

1. Not Neutral: The Impact of Mandatory Reporting on Domestic Violence Survivors
(National Resource Center on Domestic Violence)
2. Do I Have to Report My Abuser?
(Kati Morton)
3. Child abuse and domestic violence: Lualima Hansen | Breaking Silence | Stuff.co.nz
(Stuff)
4. Reporting Responsibly on Domestic Violence: Five Takeaways
(IMPRESS)
5. Third Party Reporting of Domestic Abuse
(GM Police)
6. First integrated helpline for reporting family violence launched
(CNA)

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