Can You Get Compensation For Domestic Violence?

If you are wondering if you are entitled to compensation for domestic violence, this guide will aim to help. We will explore what domestic violence is as well as the injuries that could be sustained as a result.

compensation for domestic violence

Compensation for domestic violence claims guide

Moreover, we will explore the eligibility criteria that must be met in order to claim through the Criminal Injury Compensation Authority (CICA). Key aspects of the claims process, such as how much criminal injury compensation you could be awarded for a successful claim, how long you have to start your claim and the evidence that can be gathered to aid your claim, will also be examined. 

Lastly, we will inform you on how our No Win No Fee solicitors can assist you when claiming. However, if you have any specific questions that you would like to be answered, please get in touch with an advisor from our team. They are available around the clock to offer you free advice. 

To get in contact: 

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Can You Get Compensation For Domestic Violence?

There are various channels that could potentially be available to those claiming following a crime of violence. For example, you could claim against the assailant directly if you know who they are and they have the money to compensate you. You may also claim against a vicariously liable party if their breach of duty of care caused the incident. However, this guide will focus on claiming through the CICA. This is an executive agency that can award compensation to victims of crimes of violence

If you are seeking compensation for domestic violence through the CICA, you need to meet their specific eligibility criteria. You must show that:

  • You were the victim of a violent crime. The CICA define a crime of violence in the Criminal Injuries Compensation Scheme 2012.
  • The incident happening in Great Britain or another relevant place 
  • The crime was reported to the police
  • You are within the appropriate time limit for claiming  

If you have any questions about the eligibility criteria for claiming through the CICA, please get in touch with an advisor from our team. 

How Long Do You Have To Claim For A Criminal Injury?

Typically, you have 2 years in which to start a criminal injury claim through the CICA. This time limit usually begins when the incident is reported to the police, which is expected to be as soon as possible unless you can show that there were exceptional circumstances that prevented you from doing so.

However, similarly, exceptions could apply

There are other exceptions that may apply to criminal injury claims. If you would like more details, please get in touch with an advisor from our team. 

What Is The Law On Domestic Violence In The UK?

Domestic abuse is defined by the Domestic Abuse Act 2021. Any abusive behaviour between two people who are personally connected and over the age of 16 is defined as domestic abuse.

“Personally connected” means that the two individuals are or have been:

  • Married or civil partners
  • Engaged to be married
  • In a personal intimate relationship with one another
  • Parentally connected to the same child (either through being a parent or having a parental relationship with them)
  • Relatives

There are a number of kinds of circumstances that could be defined as domestic abuse, including economic abuse or coercive behaviour. However, even if the incident is defined as domestic abuse, it must also meet the definition of a crime of violence in order to form the basis of a CICA claim. This could include:

  • Attacks
  • Threats of attack that cause the individual of reasonable firmness to fear an attack
  • Arson
  • Sexual assault

Please do not hesitate to get in touch with an advisor from our team if you have any queries regarding domestic violence laws or seeking compensation for domestic violence.                                                                                                            

What Evidence Do You Need To Claim Via The CICA?

If you are pursuing compensation for domestic violence through the CICA, you must provide certain forms of evidence. For example: 

  • A police reference number. This shows that the incident was reported to the police. 
  • Proof that you meet the residency requirements 
  • Medical evidence 
  • Proof of special expenses that you’re looking to claim back

The CICA might also correspond with the police. Factors such as whether you cooperated with them or have any unspent criminal convictions could affect your claim; the police will be able to confirm this.

If you are having difficulty gathering evidence or have any queries about CICA claims as a whole, please do not hesitate to speak with an advisor from our team who can help you.

Domestic Violence Payout Calculator

Compensation for domestic violence could be made up of two heads of claim. Firstly, if your claim is a success, you will receive a payout for the physical and/or psychological injuries that were caused by the incident. This could include injuries such as a broken rib or post-traumatic stress disorder (PTSD). 

Below we have included a table of potential compensation amounts that have been taken from the tariff established in the Criminal Injuries Compensation Scheme 2012. You can claim for up to 3 injuries from this main tariff and these will be valued in the following ways: 

  • 100% of the tariff amount for the most severe injury 
  • 30% for the second most serious injury
  • 15% for the third most serious injury 
Edit
Crime of violence Severity Compensation Notes
Physical abuse (children) Severe £13,500 Causing multiple severe injuries.
Physical abuse (children) Severe £8,200 Causing multiple significant injuries.
Physical abuse (children) Severe £5,500 Pattern of violence resulting in several injuries such as bruising or minor disfigurement.
Physical abuse (children) Serious £2,000 Intermittent physical assaults resulting in wounds that have healed without any noticeable disfigurement.
Physical abuse (children) Minor £1,000 Incidents that are isolated or intermittent
Physical abuse (adults) Persistent and Severe £8,200 Pattern of severe abuse lasting over 3 years
Physical abuse (adults) Severe £5,500 Pattern of repeated violence causing minor disfigurement.
Physical abuse (adults) Serious £2,000 Intermittent physical assaults resulting in wounds that have healed without any noticeable disfigurement.

There are additional payments that could be included in your settlement from a separate tariff. This could be applicable if, for example, you contracted a sexually transmitted infection because of a violent crime. This payment wouldn’t be subject to the multiple injury formula below.  

Special Expenses In A Domestic Violence Claim

A payout could also include special expenses compensation if you incur any financial losses due to the incident. For example, you might suffer a loss of earnings if you are unable to work due to the effects of domestic abuse. 

Special expenses may also account for: 

  • Medical expenses
  • Home adaptations that you need because of the nature of your injuries
  • Care costs 

If you would like to know how much compensation for domestic violence you could be entitled to, please get in touch with an advisor from our team. They can give you a free assessment and may be able to connect you with a lawyer from our panel if you’re eligible to claim. 

Claim Compensation For Domestic Violence With Our No Win No Fee Solicitors

If you are represented by a No Win No Fee solicitor from our team, they can use their vast experience to cover all bases of your claim. Our solicitors typically offer claimants to enter a Conditional Fee Agreement (CFA) which is a form of No Win No Fee agreement.

With one of these in place, there will be no payment required upfront or while your claim is ongoing. In addition, payment for your solicitor’s services is only necessary if your case is a success. This means that if your claim is unsuccessful, no payment is required. 

If your claim is a success, a legally capped success fee will be subtracted from the settlement. Our advisors can assess your claim to determine whether you are entitled to be represented on a No Win No Fee basis if you get in contact. 

Contact Us

As previously stated, our advisors are on call 24 hours a day, 7 days a week to provide you with a free consultation. Please do not hesitate to get in touch to find out if you have a valid claim. You can do so by: 

Learn More About Pursuing Compensation For Domestic Violence

Here are some more of our own guides that may be of use to you when claiming for a criminal injury: 

We have also included further reading that could be helpful when claiming for domestic violence:

Thank you for reading this guide on compensation for domestic violence. If you have any queries, please get in touch with an advisor from our team.

Guide by BP

Edited by FS