Domestic Abuse & Violence Compensation Claim
Domestic abuse can happen to anyone, regardless of age, background, gender, religion, sexuality or ethnicity. However, statistics show most domestic abuse is carried out by men and experienced by women. Domestic abuse is never the fault of the person who is experiencing it. Domestic abuse is a crime.
You can call us or request a callback from expert domestic abuse & violence claim solicitors. We offer free initial advice for handling domestic abuse & violence claims with CICA. We’ll also guide you through every step of the process to claim compensation from CICA.
What is domestic abuse & violence?
Domestic abuse, also called “domestic violence” or “intimate partner violence”, can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including couples who are married, living together or dating. Domestic violence affects people of all socioeconomic backgrounds and education levels.
Anyone can be a victim of domestic violence, regardless of age, race, gender, sexual orientation, faith or class
Victims of domestic abuse may also include a child or other relative, or any other household member.
Domestic abuse is typically manifested as a pattern of abusive behavior toward an intimate partner in a dating or family relationship, where the abuser exerts power and control over the victim.
Domestic abuse can be mental, physical, economic or sexual in nature. Incidents are rarely isolated, and usually escalate in frequency and severity. Domestic abuse may culminate in serious physical injury or death.
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How much can the CICA award for domestic abuse & violence claims?
Our sexual abuse calculator in the main menu will help you with estimating the potential compensation that may be paid in respect of your sexual abuse claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to sexual assault and sexual abuse claims:
If you suffer from mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:
You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.
Criminal Injuries Compensation Basic Eligibility Requirements:
You need to meet some basic requirements before you can claim compensation from CICA
If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we won’t able to secure any compensation.
How do you know if you are eligible to make a domestic abuse & violence claim with CICA?
In order to apply for compensation from the CICA for domestic abuse or domestic violence, you need to meet the following minimum eligibility criteria:
- You must have reported the incident(s) to the police and have a crime reference number;
- The police must be able to investigate thoroughly with your full cooperation;
- You must submit your claim to the CICA within 2 years of going to the police*.
*It may be possible to claim after the deadline where the victim suffers from mental health problems or has an exceptional reason for any delay in submitting the claim.
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If the police or CPS drop the case – Can you still claim?
You can still submit an application for CICA domestic abuse, sexual abuse, sexual assault & rape compensation even if the police or CPS (crown prosecution service) decide against taking the case to the court. There can be multiple reasons why court case does not take place and the police or CPS will usually explain fully why a prosecution is not possible.
A decision not to proceed may have some impact on your compensation claim as the CICA will need convincing that the crimes occurred in the way described. However, we find that a supportive police report can be a huge benefit if you are to make a claim.
How the police sign off on the case can influence the CICA claim and if they find you credible and offer a sympathetic view of your case this may help your claim prospects.
Case is going to the court – Is it better to delay the CICA claim?
If the case is likely to go to the trial then it is sensible in many cases to consider delaying your claim. The objective of delaying the claim is that crown prosecution service is to successfully prosecute the offender to protect you and the public. However, the problem is that the CICA compensation rules stipulate you must make a claim within 2 years of the incident or reporting it to the police. If you think that you will miss the deadline in submitting the claim then it will be a good idea to submit the claim sooner.
What are the main reasons for domestic abuse, sexual abuse, sexual assault, & domestic violence claims to get rejected?
How long does a claim can take?
Domestic abuse & violence claim time will depend on the approach you will take with the CICA. Generally, domestic abuse & violence compensation claims take around 12 to 18 months to settle. There are two options to make a claim through the CICA, they will ask if you want to claim:
- Using police evidence only
- Using police and medical evidence.
If you have not suffered mental health complications, you may choose to take the police-only route. This means your claim could take less time, for example, three to six months.
However, many domestic abuse victims suffered physical and mental abuse. For this reason, it is usually best to claim with the medical evidence as well. Your claim will take longer, but your compensation amount will be higher.
How We Can Help With CICA Claim?
It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.
Frequently Asked Questions (FAQs)
We are here to help!
If you, a friend or a family member has suffered physical or psychological injuries as a result of a violent crime, it may be possible to apply to the CICA for compensation.
“The Criminal Injuries Compensation Authority (CICA), is a government organisation which provides compensation for victims of violent crime in England, Wales, and Scotland. We represent victims of violent crime to get compensation from CICA.”