The police get involved in domestic disputes or legal actions in a number of situations, described below.

Following a complaint by the victim, someone known to the victim or a member of the public

Police are most likely to get involved in domestic disputes following receipt of a complaint from a victim. Police will also respond to complaints from concerned third parties (e.g., friends, families, colleagues or neighbors). In an emergency situation or if the victim is in immediate danger, victims or anyone concerned about the victim's well-being should call 999.^[151] In a nonemergency situation, victims and others are able to call 101 or go to a police station to report the incident.

If an individual is in an emergency situation and needs police help, but can't speak, there is an option to press 55 as part of the "Make Yourself Heard" initiative.^[152] This will allow the operator to know that the call is genuine and they can then proceed to communicate by asking simple yes or no questions to ascertain what help is required.

If the police arrest and charge a perpetrator, they will decide whether to keep them in custody or release them on bail. If released on bail, there will usually be conditions attached to their bail to protect the victim from future violence and abuse, e.g., not contacting or going within a specific distance from the victim, not living at a particular address, etc. The CPS (the principal public agency that prosecutes criminal cases that have been investigated by the police and other investigative organizations in England and Wales) will make the final decision on whether the perpetrator is prosecuted. In Scotland, the equivalent body is the Crown Office & Procurator Fiscal Service (COPFS) and in Northern Ireland it is the Public Prosecution Service (PPS).

Proactively

Flag

Following a complaint, the police are able to put a "flag" on the victim's telephone number or home address so that swift action will be taken in the future. In the event of a future report (even if not related to domestic violence), the flag will appear on the record so that it is possible for the police to track any pattern in the reporting and consider if there is a potential issue.

DASH Risk Assessment

The Domestic Abuse, Stalking and Harassment and Honour-Based Violence (DASH) Risk Identification, Assessment and Management Model^[153] was implemented across all police services in the UK in March 2009. The aim of this model is to change the police's reactive approach into a proactive approach, whereby the police have the information and tools to understand potentially fatal domestic violence situations at the initial visit (and therefore, possibly prevent them from occurring). 'The First Time, Right Time' approach underpins the DASH model.

Victims of domestic abuse have rights under both civil and criminal law. Civil law claims are primarily aimed at protection (or compensation). Examples of civil law claims are applications to the family proceedings court or the county court for an injunction and are usually made through the victim's solicitor. Criminal law is primarily aimed at punishing the offender. The police and CPS initiate this process, but criminal cases themselves are heard either in the magistrate's court or the crown court.^[160]

There is no requirement for victims to seek legal representation or advice from a solicitor. Individuals may make applications and attend court themselves, in which case they are known as "litigants in person" and act for themselves in any proceedings. However, it is advisable for victims to seek the advice of a qualified solicitor. To find contact details of a lawyer, the victim can contact the Law Society (to find a solicitor), the Bar Council (to find a barrister) or Citizens Advice.^[161]

Victims of domestic abuse can also apply for legal aid if they cannot afford to pay legal costs. However, the legal aid solicitor or civil legal adviser will need to see evidence before deciding whether the victim will be eligible for legal aid.^[162]

It is important that efforts aimed at gathering evidence to build a robust prosecution case are not focused solely on the evidence of the victim. The stronger the overall case, the less likely it is to be contested or, if it is, that the prosecution will need to call upon the victim to give evidence. The starting point to build cases is therefore to build a case whereby the prosecution does not need to rely on the victim. However, prosecutors should ensure that the views of the victim are balanced with this approach and that the victim is not overlooked during proceedings.^[165] Police and prosecutors should actively use the Joint Evidence Checklist^[166] at Annex A to the CPS Domestic Abuse Guidelines for Prosecutors to gather evidence and build cases, maximizing all opportunities and to ensure that a full history of offending behavior has been captured to assist in keeping the victim safe from any further harm.

The Joint Evidence Checklist should not be seen by the police as an exhaustive list of evidential opportunities to explore. Police — and where necessary — prosecutors, should consider how supporting evidence could be captured (particularly in cases where controlling or coercive behavior has been more prevalent, and equally where the victim has indicated that they are not willing to support a prosecution). The investigation of this material should always be undertaken with the intention of assisting in keeping a victim safe.

In domestic violence cases, an ex parte (or "without notice") order can give the victim immediate protection from the perpetrator, especially where the victim is fearful as to how the perpetrator may react when served with a copy of the victim's application. ^[169] The standard of proof is not different for ex parte orders (the court will apply the civil standard of balance of probabilities), but a victim and their solicitors each have special obligations when making a without notice application, reflecting the fact that they are asking the court to make an order without first hearing from the respondent.

Rule 10.2(4) of the Family Procedure Rules 2010 provides that when applying without notice, the applicant must state in their witness statement the reasons why notice was not given to the respondent.^[170] Moreover, the case of Re S (A Child) (Family Division: Without Notice Orders)^[171] makes clear that those who seek ex parte relief are under a duty to make full and frank disclosure of all relevant facts known to them. This duty extends to all relevant matters, whether of fact or of law. Section 4 of this guidance addresses in detail the various orders that can be made to protect a victim of domestic violence.

Yes. An affirmative defense is a defense based on facts other than those that support the victim's claim. A successful affirmative defense would excuse the defendant from civil or criminal liability, wholly or partly, even if the allegations in the complaint are true.^[172]

By way of example, it is a complete defense to offenses such as common assault, battery, assault occasioning actual bodily harm and grievous harm or wounding to use self-defense. The defense of insanity is also available as a defense to criminal charges.

Yes. False allegations of domestic abuse are dealt with by the offenses of perverting the course of justice and wasting police time.^[173]

The CPS guidance in respect of false allegations of rape and/or domestic abuse provides guidance in respect of charging decisions in relation to a person who has made an allegation of rape or domestic abuse and one of the following situations apply:

• It is suggested that their allegation is false.
• They have retracted their allegation.
• They have withdrawn a retraction (a "double retraction").

Prosecutions for these offenses in the situations above are extremely rare: a report carried out by the CPS in 2013 found that over a period of 17 months there were 111,891 prosecutions for domestic violence and only six for making false allegations of domestic violence.^[174] Moreover, prosecutions for these offenses will be complex and require sensitive handling. On the one hand, victims of domestic abuse making truthful allegations require the support of the criminal justice system. They should not be deterred from reporting their allegations. Nor should they be criminalized for merely retracting an allegation because true allegations can be retracted for a broad range of reasons. Very often such allegations are made by a person who is vulnerable or in the context of a relationship, often with a protracted and complicated history, all of which is bound to have a bearing on the issues in the case. On the other hand, false allegations of rape and/or domestic abuse can have a serious adverse impact on the person accused. This is why these cases must be examined thoroughly by suitably experienced prosecutors who should strike the right balance between ensuring genuine victims are believed and not criminalized, whilst recognizing the need to protect the innocent from false allegations.^[175]

The CPS guidance lists core considerations, including that the prosecutor must disregard myths and stereotypes associated with victims of domestic abuse (e.g., that they will always resist and fight their attacker/would always receive injuries), which should play no part in the decision-making process.

As with all offenses, prosecutors must apply the two stages of the full code test: (1) the evidential stage; and (2) the public interest stage (explained in further detail in Section 2) when considering whether to pursue charges of perverting the course of justice and/or wasting police time.

Self-defense

Yes, please see "affirmative defenses" section above: self-defense is available as a defense to offenses involving the use of force.

A victim of domestic violence might use force against their abuser or react in such a way that would cause their actions to also be classed as either a civil or criminal offense. The classification of this behavior as self-defense is being considered in the Bill by the UK parliament.^[178]

The amendment proposed by the Bill to Section 76 of the Criminal Justice and Immigration Act 2008, would make it easier for those who act in response to domestic abuse to establish they were acting in self-defense, providing them with equivalent protection to those acting in response to an intruder in their home. However, until that amendment becomes law, a victim who uses force against their abusive partner or former partner may have challenges successfully asserting "self-defense," especially if a jury concludes that the response was disproportionate.

Insanity

Yes, please see section on "affirmative defenses" above.

Insanity is also known as insane automatism. The defense of insanity relates to the mental condition of the accused. The defense of insanity will arise where the accused is found to have been insane at the time the offense was allegedly committed. The defense will be raised at trial and, if successful, will result in a special verdict of "not guilty by reason of insanity."^[179] The elements of the defense were set out in the M'Naghten Rules.^[180]

If the defense of insanity succeeds in the magistrates' court, the defendant will be entitled to a complete acquittal. Alternatively, the magistrates' court can decline to try the issue of insanity (i.e., without convicting the accused) where it appears to the court that the accused may be dealt with under the Mental Health Act 1983 ("MHA 1983") by way of a hospital or guardianship order, provided the conditions of Section 37, MHA 1983 are met,^[181] which are the following:

1. The court is satisfied that the accused did the act or made the omission charged.
2. The court is satisfied, on the written or oral evidence of two registered medical practitioners (one of whom must be approved under the MHA 1983) that the accused is suffering from a mental disorder that would, upon conviction warrant a hospital order or guardianship order.
3. The court is of the opinion — having regard to all the circumstances, including the other available methods of dealing with an accused — that the most suitable method of disposing of the case is by means of a hospital or guardianship order.

In the crown court, before a jury can return the special verdict of not guilty by reason of insanity, the prosecution must first prove beyond reasonable doubt that the defendant 'did the act or made the omission' charged. If the prosecution fail to prove this, the defendant is entitled to be acquitted whether or not they were insane at the time of the alleged offense.^[182] If the prosecution proves that the defendant 'did the act or made the omission' charged, a verdict of not guilty by reason of insanity can only be returned by the jury if the court has heard the evidence of two registered medical practitioners, one of whom must be approved.^[183] If the jury returns a verdict of not guilty by reason of insanity, a judge can deal with the defendant by imposing:

1. a hospital order;
2. a supervision order; or
3. an absolute discharge.^[184]

A witness will be required to take an oath or affirmation before they give evidence in court. This means they will either need to swear to tell the truth on the holy book of their religion or they can make an affirmation to tell the truth.

When making a witness statement, a witness will have to verify their witness statement by making a statement of truth and signing the statement. The witness statement is the equivalent of the oral evidence that the witness would give if called. The statement of truth is a declaration that:

• it is true to the best of their knowledge and belief
• the witness knows that if it is introduced in evidence, then it would be an offense to have willfully stated in it anything that the witness knew to be false or did not believe to be true^[185]

Witnesses will normally give evidence on a voluntary basis. If the victim decides to withdraw their support from the prosecution of a case, this does not automatically mean that the case will be stopped. In the context of domestic abuse cases, a victim might withdraw their support for the case against their perpetrator for a number of reasons, including for example:

• fear of other offenses being committed (including online) or risk of further harm
• fear of seeing the perpetrator in person in court
• pressure from the perpetrator or their family/associates
• fear of repercussions, i.e., from the perpetrator's peers, or potentially gang members if either the victim or the perpetrator is involved in a gang
• pressure from family members or members of the community not to pursue external (to the community) legal action
• fear of public shaming
• a wish to be reconciled with the perpetrator
• fear that children will be removed and placed into care, or other possible impacts on children (i.e., financial repercussions such as child maintenance or financial benefits)
• feelings of responsibility by the victim for the perpetrator's criminal record
• agreement by the perpetrator to drop any custody applications for the withdrawal of their complaint
• embarrassment
• fear of not being believed or their issues not being properly understood or that the criminal justice system favors the offender
• feeling isolated or vulnerable
• fears relating to a victim's immigration status
• fear of being 'outed' about their sexual orientation or gender identity
• fear of HIV status or other very sensitive information being revealed
• where the victim is involved in prostitution, fear that any previous contact with the police means their domestic abuse complaint will not be taken seriously
• lack of engagement and communication from criminal justice agencies

If a victim withdraws their support for whatever reason, it is important for the prosecutors to understand why they have done so before deciding what further action to take. The police should contact the victim in order to take a statement to provide to the prosecutors, explaining the victim's reasons for withdrawing their support for a case.

If the victim has withdrawn their evidence and the prosecutors decide to continue with the case, they should consider the following (in the order listed below):^[186]

• whether there is other evidence (i.e., CCTV, 999 tape recordings, etc.), other than the evidence of the victim, which may be used
• whether any statements were made by the victim (or witness) to a third party that are so directly linked to the events occurring at the same time that it is unlikely they were distorted or concocted
• an application to admit the victim's statement as 'hearsay' evidence, especially if there is evidence that the victim has withdrawn their evidence due to reasons of fear (i.e., fear for their own or dependents' safety) ^[187]
• an application to introduce other evidence as 'hearsay' if it would be in the interests of justice to do so (i.e., third-party witness statements from neighbors or support representatives assisting the victim)^[188]

Only once all of the above options have been exhausted should the prosecution consider summonsing a witness to give evidence, that is, formally requiring the witness to attend court and give evidence. The decision must not be taken lightly and consideration should be given to all the specific facts of the case and the potential impact on the victim. An application can be considered where the victim is reluctant to attend court but where the case can only continue with their evidence.

Prosecutors must be satisfied that in compelling a victim to give evidence, this will not endanger the victim, any children or other dependents, and they should also assess whether summonsing the victim as a witness is appropriate. A witness summons is issued by the court and means that the victim must attend court to give evidence.^[189] Prosecutors should consider the impact on the victim, such as whether the victim might in fact prefer having a formal summons to justify their attendance at court.

If the victim is the spouse or civil partner of the perpetrator, they can still be compelled to give evidence where the case involves an allegation against the perpetrator of:

• violence against their spouse/civil partner
• violence against a person who was at the time of the incident under the age of 16
• sexual offenses against a person who was at the time of the incident under the age of 16
• attempting, conspiring or aiding and abetting, counselling or procuring to commit any of the above offenses^[190]

Children and young people may witness domestic abuse in different ways: by being present when the domestic abuse takes places; or being caught in the middle of an incident (for example, in trying to prevent any violence); by being in another room but being able to hear the domestic abuse taking place; by seeing physical injuries on the victim after an incidence of violence; or by being forced to take part in verbally abusing a victim.

The mental and physical well-being of a child or young person is likely to be seriously impacted where they have witnessed domestic abuse. This experience can have serious impacts on a child or young person's behavior, which may last into adulthood. Children and young people will respond to witnessing abuse in different ways and some possible effects include: becoming anxious or depressed; difficulty sleeping; nightmares or flashbacks; being easily startled; physical symptoms such as tummy aches or starting to wet the bed; temper tantrums and developing problems at school; behaving younger than their age; becoming aggressive or internalizing distress; withdrawing from people; and lower self-esteem or self-worth. Older children may also begin to play truant, start to use alcohol or drugs, begin to self-harm, or they may develop an eating disorder. There is also a well-established link between experiences of family violence (including domestic violence) and participation in youth offending.^[191]

Yes — children can give witness evidence in court and can be compelled to testify as a witness. Whilst there is no lower age limit in relation to children or young people being able to give evidence, the child or young person should be able to give understandable evidence, i.e., they must be able to understand the questions raised to them and be able to give replies in response to these questions that can be understood.^[195]

Child witnesses (i.e., individuals under the age of 18) are automatically eligible to apply for special measures^[196] to assist in giving evidence. In considering this, the court only needs to be satisfied that the granting of any special measures is likely to maximize the quality of the witness's evidence before granting an application. Special measures that may be available include: examination of the witness through an intermediary (both in court and also at the police interview); giving evidence "in private" (i.e., by clearing the courtroom of members of the public); the removal of wigs and gowns by judges and lawyers; giving evidence in court from behind a screen; the use of video-recorded evidence as the witness's primary evidence; giving evidence via video link; the use of pre-trial video-recorded cross-examination; and the provision of communication aids (such as an interpreter, computer or other device). As a result of the Young Witness Initiative, the CPS, police and Her Majesty's Courts and Tribunal Services have agreed to fast-track cases where a witness involved is under the age of 10.

Applications to compel a child to testify as a witness (i.e., by way of witness summons) can be made.^[197] However, special consideration should be given to their welfare and safeguarding within the criminal justice system. The CPS recommends that in a domestic abuse context, witness summonsing a child or young person should only be done in very limited and exceptional cases and prosecutors should discuss whether this is an appropriate course of action to take with their chief crown prosecutor before making an application. Compelling a child or young person to give evidence may mean they are put in a position where they have to give evidence in support of one parent or family member against another. Prosecutors should consider: the nature and seriousness of the case; the usefulness of the material evidence provided by the child or young person; the age and maturity of the child (if they have the mental understanding to give evidence); if giving evidence will be detrimental to the child and young person's welfare or safety; and any repercussions should the child fail to comply with the summons request.

Men, women and children can be victims of domestic abuse, but in both the current government guidance and the new proposed legislative definition of "domestic abuse" (under the Bill) the incident or pattern of incidents must have taken place between those aged 16 or over. However, the Bill also provides that any reference in it to a victim of domestic abuse includes a reference to a child (a person under 18 years) who sees, hears or experiences the effects of the abuse and is related to the victim and perpetrator.^[198]

All domestic abuse cases should be recorded on the CPS case management system (CMS) and flagged as 'vulnerable/intimidated victim.' Where the victim (or witness) is a child or young person, the CPS should also flag this (a flag must specifically be selected on CMS if the victim (or witness) is aged 10 or below) as prosecutors should be alerted to this fact. For the purposes of the CPS, where the victim is under the age of 18, cases are flagged as both domestic abuse and child abuse.

In addition to the domestic abuse offenses listed in Section 1 of this guidance, if the victim is under the age of 18 then the following child abuse offenses may also be relevant to consider:

• Sexual offenses against children. This encompasses several possible offenses against children:

• Rape.^[199] The rape of a child under the age of 13 is a separate rape offense. As with rape (see Section 5.5 below for more details), the maximum penalty is life imprisonment, but the starting point for charging an offender will be a higher custodial sentence where the victim is a child. An abuse of trust (such as will often be present in the case of domestic abuse) will be an indicative factor of a higher degree of culpability (i.e., the blame or responsibility for fault placed on the perpetrator when considering sentencing). The starting point for a single offense of rape by a single offender is 8 years' custody where the victim is aged 13 or over but under 16, or, 10 years' custody where the victim is under 13 (as opposed to a starting point of five years if the victim is over the age of 16). The starting point for a rape accompanied by an aggravating factor is 10 years' custody for a victim aged 13 or over but under 16, or, 13 years' custody where the victim is under 13 (as opposed to eight years for a victim over the age of 16).
• Sexual assault.^[200] The sexual assault of a child under the age of 13 is a separate offense to sexual assault (see Section 5.5 for more details). As with rape above, an abuse of trust will be indicative of a higher degree of culpability. The starting point for more serious sexual assault offenses of children under the age of 13 is six years' custody, as opposed to four years for sexual assault. The maximum sentence is 14 years' imprisonment.
• Sexual exploitation. This includes the offenses of causing or inciting the sexual exploitation of a child,^[201] controlling a child in relation to sexual exploitation^[202] and/or arranging or facilitating sexual exploitation of a child.^[203] The maximum penalty is life imprisonment and the offense ranges depending on the age of the victim. 

• Causing or allowing death or serious physical harm to a child (or vulnerable adult).^[204] This offense imposes a duty on members of a household (over the age of 16) to take reasonable steps to protect children (or vulnerable adults) within that household from the foreseeable risk of serious physical harm from other members of the household. The offender is equally liable to conviction whether they were the actual perpetrator of the act that caused the victim's death or serious physical harm, or whether they simply failed to protect the victim from the foreseeable risk. Where death of the victim occurs, the offense carries a maximum sentence of 14 years' imprisonment, or fine, or both. For serious physical harm, the offense carries a maximum sentence of 10 years' imprisonment, or fine, or both. The offense of infanticide^[205] may also be relevant here, where a woman causes the death of child under 12 months old in circumstances where her mind was disturbed by reason of her not having recovered from the effects of giving birth to the child.
• Willful assault, ill-treatment, neglect, abandonment or exposure of, or causing or procuring the assault ill-treatment, neglect, abandonment or exposure of a child.^[206] This offense covers a variety of conduct that either separately or together amounts to child cruelty under the four generally accepted categories of: assault and ill-treatment; failure to protect; neglect; and abandonment. The behavior required to establish ill-treatment may be nonphysical (i.e., isolation, humiliation, bullying). Convictions for this offense will make clear on the perpetrator's record that the offense involved a child victim. Some circumstances may merit both a charge under this offense and a charge for assault. The offense carries penalties of either a maximum penalty of 10 years' imprisonment (if tried on indictment, i.e., in the Crown Court) or, six months' imprisonment or an unlimited fine or both (if tried on summary conviction, i.e., in the Magistrates' Court). Reasonable punishment^[207] is not a defense to these offenses.
• Child abduction.^[208] It is an offense if any person connected with^[209] a child under the age of 16 takes or sends a child outside of the UK without the appropriate consent. It is also an offense for a person not connected with a child to unlawfully take or detain a child under the age of 16. The maximum penalty is seven years' imprisonment and where there is a high level of harm and a high level of culpability, the sentence should be five to seven years (following trial). The common law offense of kidnapping (i.e., the taking or carrying away of one person by another, by force or fraud, without the consent of the person being carried away and without lawful excuse) may also be relevant to consider.
• Other relevant offenses may include: destruction of a fetus capable of being born alive (i.e., in circumstances where a pregnant woman is attacked by a person intending to do her grievous bodily harm and the child, subsequently born prematurely, dies as a result of the attack); nonaccidental head injuries (formerly known as Shaken Baby Syndrome); and the unlawful procurement of an abortion.

The penalty applicable and sentencing considerations for domestic abuse will vary depending on the actual offense committed, due to the range of possible offenses that may constitute domestic abuse. The fact that a perpetrator is a first-time domestic violence offender may be a relevant mitigating factor, as explained further below.

A domestic abuse offense may lead to charges for assault, but prosecutors should also consider any other available charges that may constitute domestic abuse, such as witness intimidation, perverting the course of justice, criminal damage; and malicious communications (see Section 1 of this guidance for a list of possible domestic abuse offenses).

In respect of offenses that have specific sentencing guidelines,^[210] the court hearing the case should consider these guidelines when determining the penalty to be imposed on the perpetrator. Where there are no specific sentencing guidelines in place, the relevant Sentencing Council's general guideline and overarching principles ("General Guideline") should be applied.^[211] For example, the Sentencing Council has produced sentencing guidelines for the offense of sexual assault (under Section 3 of the Sexual Offenses Act 2003). These guidelines allow the court to first consider the harm suffered by the victim and the culpability of the perpetrator in order to establish a starting point for sentencing. The starting point for sexual assault where the victim has suffered a high degree of harm and the perpetrator has a high degree of culpability will be four years' imprisonment; where the victim has suffered a low level of harm and the perpetrator has a low degree of culpability, the starting point will be a high-level community order. In some offenses, listed in the table below (including rape, sexual assault, and causing/inciting/controlling prostitution for gain), the presence of an abuse of trust will indicate a higher degree of culpability for the perpetrator.

Aggravating and mitigating factors

Once the starting point has been established, the court will then consider any aggravating or mitigating factors in order to arrive at an appropriate penalty. In some of the offenses listed in the table below, the existence of any previous convictions will be a statutory aggravating factor. The lack of any previous convictions (i.e., where the perpetrator is a first-time offender) and remorse shown may be taken into account for mitigation purposes when sentencing the perpetrator. Previous good character and/or exemplary conduct may also be taken into consideration at mitigation, but the more serious the offense the less weight will be given to this. Where previous good character and/or exemplary conduct has been used to facilitate the offense, this instead may become an aggravating factor when considering sentencing.

Prosecutors have a duty to assist the court in sentencing and should draw attention to the aggravating factors in domestic abuse, including the abuse of trust in a domestic setting and the vulnerability of the victims. The court should also consider the Sentencing Council's guidelines on domestic abuse,^[212] which contain principles relevant to the sentencing of cases involving domestic abuse.

Restraining orders should also be considered for a domestic abuse offense and they are available regardless of whether the perpetrator is acquitted or convicted of the underlying offense. The CPS recommends that the victim is consulted before an application for a restraining order is made, as it may be difficult to enforce if the victim would like to continue contact with the perpetrator. Further details on restraining orders can be found in Sections 2 and 4 of this guidance.

Examples of domestic abuse offenses and the maximum penalties available

The effect of the perpetrator violating an order for protection will be dependent on the type of order violated. Further details on possible criminal and civil orders are in Section 2, but below is a summary of the orders available in England and Wales and the effect of a breach:

• Restraining order: prohibits the perpetrator from doing certain things, such as contacting the victim or visiting their home or place of work. Restraining orders can take effect for a specific period or until a further order is made and breach is a criminal offense,^[214] punishable by up to five years in prison and/or fine.
• DVPOs: different from restraining orders, prohibit the perpetrator from having contact with the victim and from returning to their home for up to 28 days. A breach of a DVPO is not a criminal offense.
• NMO: prevents the perpetrator from using or threatening violence, intimidating, harassing or pestering the victim. Breach of an NMO is a criminal offense^[215] punishable by up to five years in prison and/or fine.
• OO: excludes the perpetrator from the home shared with the victim. It is not a criminal offense to breach an OO, but if there is a power of arrest attached to the order, the police will be able to arrest the perpetrator for any breach.

As well as incarceration and restrictions on liberty, perpetrators found guilty of an offense may also be liable to community service orders or fines. The exact nature and/or amount of these will be dependent on the specific offense committed, the degree of harm and culpability and any relevant aggravating or mitigating factors to be considered.

Community service orders will be considered as either "low" (offenses that only just cross the community order threshold), "medium" (offenses clearly within the community order band) or "high" (offenses only just below the community order threshold). Suitable requirements include rehabilitative requirements, unpaid work, curfew requirements, exclusion requirement, prohibited activity requirement and/or attendance center requirement.

England and Wales

In England and Wales, victims of violent and/or sexual crimes where the perpetrator is sentenced to 12 months or more in prison will be asked if they would like to join the Victim Contact Scheme (VCS). Victims who join the VCS will be given a victim liaison officer who will inform them of:

• how long the perpetrator will be in prison, if there are any changes to their sentence, and when they are due to be released
• when a perpetrator is up for parole and how to make a victim statement at the parole hearing
• how to apply for a license condition, in order to stop the perpetrator from certain activities once released, such as contacting the victim
• how to challenge a parole decision if the Parole Board decides the perpetrator may be released

Victims who are not asked to join the VCS can make a request to join it by emailing the VCS (at vcsenquiries@justice.gov.uk).

Scotland

In Scotland, the Victim Notification Scheme (VNS) is managed by the Scottish Prison Service and grants victims the right to receive information about the offender's progression in prison and eventual release, where they have been sentenced to 18 months or more. Victims can register for the VNS through the Scottish Prison Service.^[218]

Northern Ireland