Legal News

On 7th August 2006, the President of Brazil put into force the Federal Brazilian Law 11340, known as the Law Maria da Penha, that increased the punishment for domestic violence abuses against women.

Maria da Penha is a Brazilian biopharmacist and women rights activist who was left paraplegic by her violent husband, in a time in which there was no police station specialised in domestic violence matters where she could go to in Brazil.

‘At that time we weren’t even aware of this expression – domestic violence. You just had a bad husband’, said Maria to the BBC, while she was telling her story that involved also her three children, punched by their father for no reason.

After having fought for nearly 20 years, in 2002 her husband was sentenced to eight years in prison but released after just one year. For the time being, Maria started a campaign to change the law and took her case to the Organisation of American States.

For the first time in Brazil this law increased the punishment for offenders, established special domestic violence courts and required authorities to open 24-hour shelters for abused women.
The law also recognised different forms of domestic violence as is the case in the UK.

Indeed, throughout the UK, some women are still of the belief that domestic violence is only physical violence. They are not aware of other kinds of violence which can constitute domestic violence, such as psychological, verbal, moral and sexual, all specifically listed by the law as domestic abuses.

Being a leading legal aid law firm that specialises in assisting victims of domestic violence in all family and childcare proceedings, and a supporter of the Domestic Violence Awareness Campaign, Duncan Lewis can advise on applying for Legal Aid for domestic violence and child abuse cases and on valid evidence to show that domestic violence has occurred, or parents have received a Pre-proceedings Letter from Social Services following a Section 47 enquiry.

Valid evidence of domestic violence includes:

(a) GP letter or letter from a health professional confirming that they have examined the applicant and the GP was satisfied that injuries or a condition consistent with those of a victim of domestic violence was present AND they have no reason to believe they were not caused by domestic violence.

(b) opponent has a relevant unspent conviction for a domestic violence offence;

(c) the opponent has a relevant police caution for a domestic violence offence dated in the past 5 years;

(d) evidence of relevant criminal proceedings against the opponent for a domestic violence offence which have not concluded;

(e) a relevant protective injunction against the opponent which is in force or which was granted in the past 5 years;

(f) an undertaking given in England & Wales under s.46 or 63E of the Family Law Act 1996 (a) (or given in Scotland or Northern Ireland in place of a protective injunction) by the individual (B) with whom the applicant for civil legal services (A) was in a family relationship giving rise to the need for the civil legal services which are subject of the application;

(g) a police bail – the evidence of bail must be in relation to a domestic violence offence, if the perpetrator is not charged with the offence then the police bail will no longer satisfy the requirements

(h) a letter from the from a multi-agency risk assessment conference (MARAC) confirming that A was referred to the conference as a high risk victim of domestic violence in the past 5 years

(g) a copy of a finding of fact in the past 5 years, made in proceedings in the UK for civil legal services, that there has been domestic violence by B giving rise to a risk of harm to A;

(h) a letter from a social services department in England or Wales, dated in the last 5 years (or its equivalent in Scotland or Northern Ireland) confirming that A was assessed as being, or at risk of being, a victim of domestic violence by B (or a copy of that assessment).

(i) a letter or report from a domestic violence support organisation in the United Kingdom confirming in the past 5 years

a. that A was admitted for a period of 24 hours or more to a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic violence;

(ii) the dates on which A was admitted to and, where relevant, left the refuge; and

(iii) that A was admitted to the refuge because of allegations by A of domestic violence.

For confidential and expert legal help with domestic violence, call the Duncan Lewis Domestic Violence Solicitors Helpline on 0800 689 3275.

Duncan Lewis Domestic Violence Solicitors – Help for Domestic Violence Victims

Duncan Lewis is ranked by the Legal 500 2016 for its Family & Matrimonial work – and the Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel – so our domestic violence solicitors and child care solicitors have the necessary expertise to help victims of domestic violence take action to prevent abuse or harassment.
Under the Domestic Violence, Crimes and Victims Act 2004 (DVCVA) Duncan Lewis can assist in getting a court ordered Non-molestation Order and/or an Occupation order to prevent further abuse and intimidation. If a court order is granted, any breach of the order by an abuser may result in the abuser being jailed by the court.
Duncan Lewis advises on family law and child care law under UK law and Islamic law to protect all those at may be affected by the perpetrator’s abuse.

For confidential and expert legal help with domestic violence, call the Duncan Lewis Domestic Violence Solicitors Helpline on 07920 077054.