simo1985 wrote:i would like to know if domestic violence will help, as she took money from me since i met her as she had previous problems and now she sorted all her problems and decided to leave
*Evidence of domestic violence
In order to establish a claim of domestic violence evidence should be sought in the form of:
An injunction, non-molestation order or other protection order made against the EEA national (other than an ex-parte or interim order); or
A relevant court conviction against the EEA national; or
Full details of a relevant police caution issued against the EEA national.
Police cautions
Where an applicant claims that the police have issued a caution against the EEA national or have decided to prosecute him or her, the applicant will not be able to produce any documentary evidence to this effect.
Caseworkers will need to make enquiries of the Criminal Records Office (CRO) of the Police Force covering the area where the incident took place. (See Chapter 8 of the IDIs).
Where the police confirm that a caution was issued to the sponsor for domestic violence against the applicant this will be sufficient for us to issue confirmation of a continuing right of residence.
Where the police confirm that there is a prosecution pending we should not issue a Residence Card until the charge has been proved and the EEA national found guilty. In these cases the applicant should be granted further leave to remain for periods of 6 months at a time, subject to the same conditions, until the outcome of the prosecution is known. The police have asked us not to make progress enquiries in these cases as this would place an unnecessary burden upon their staff.
Where the non-EEA claims they are waiting for a court hearing for a Court Order, a decision on the application may be delayed pending the outcome of that hearing, provided evidence is received from the Court confirming the case has been listed to be heard, and the date of the hearing. An ex-parte application is normally heard on the day of application and the date for the full hearing (if there is to be one) is normally within 7 days. Every effort is made by the court to resolve the case on the date set, but where the case is complicated and likely to last a full day it may be re- listed but will be given priority and will be heard at the earliest opportunity. It is therefore most unlikely that there will be any significant delay.
Other acceptable proof of domestic violence
It is often difficult for victims of domestic violence to produce the documentary evidence of violence and there is often an unwillingness or insufficient evidence to take the matter to court. Although caseworkers should still try to obtain police or court evidence confirmation of domestic violence, where this is not possible, acceptable evidence may take the form of more than one of the following:
A medical report from a hospital doctor confirming that the non-EEA has injuries consistent with being a victim of domestic violence;
A letter from a family practitioner who has examined the non-EEA and is satisfied that the applicant has injuries consistent with being a victim of domestic violence;
An undertaking given to a court that the perpetrator of the violence will not approach the non-EEA who is the victim of the violence;
A police report confirming attendance at the home of the non-EEA as a result of a domestic violence incident;
A letter from a social services department confirming its involvement in connection with domestic violence;
A letter of support or report from a women's refuge.
