How long can you prosecute after abuse&is non prosecution come under Clair’s law

[Warmsea]

Hi, I’m just wondering, will the abuser go on file under Clair’s law even if the abuse didn’t go to court and if when the abuser was arrested at the time of the abuse but then lied and said something else happened so they let him go as their was no evidence just my word against his. Is this event logged under Clair’s law. Also I now have emails from him admitting he lie to the police and he was sorry he hit me. How long after this even can you you take it further? It’s been (detail removed by moderator). I’m afraid I did get back with him and more abuse happen but I never took any of it further. I need to know dose it all get log and if another girl looks him up it will be under Clair’s law. Or did he get away with the abuse because I never took it further? I do have an order out on him to stay away from me now, but I’ve never taken him to court other then getting a non molestation order out on him. Which he did attend court but and a finding bases they put the order in place and I didn’t have to go to court to prove all he did to me. Can any help?

[Lisa]

Dear Warmsea,

Thank you for your post and welcome to the forum. It is difficult to say for certain what could potentially be disclosed, should a future partner use Clare’s Law/The Domestic Violence Disclosure Scheme (DVDS). So I’m afraid I cannot answer your question definitively regarding the situation you’ve explained. In general, after a disclosure application the Police will search various databases for information on the perpetrator. The Home Office Guidance mentions that they will identify whether the perpetrator has been identified as having “a conviction, caution, reprimand, or final warning for violent or abusive offences”. It also mentions whether information is held about the perpetrator’s behaviour which “reasonably leads the police and other safeguarding agencies to believe that the perpetrator poses a risk to the applicant”. The police will carry out a risk assessment on the applicant and make a decision about whether they feel the applicant is at risk of harm and could benefit from knowing the information.

You can have a read through the full Home Office Domestic Violence Disclosure Scheme Guidance. On page 26 there is a “Non-exhaustive list of offences where convictions and/or allegations may be disclosed under the Domestic Violence Disclosure Scheme”.

With regards to reporting any historical abuse yourself, or adding information, you can do this at any time. If you would like to discuss this further you can call 101 and ask to speak to the Domestic Abuse Unit of the police. You can ask hypothetical questions without giving your name at first if you would prefer.

You could also ask the police what information they have stored from the contact you have had with them, and if they can provide you with any incident numbers. You have been able to obtain a non-molestation order so that suggests there has been sufficient evidence to do so. A breach of a non-molestation order is considered an arrestable criminal offence; although this is not always acted on, a breach will be recorded, so it’s important to report any time he breaches the order.

Kind Regards,

Lisa

[theSunflower]

Hello Warmsea.

Did you ever find out the answer? I would really like to know too.

kind regards

[Anonymous]

I’d like to know this too. Ex has police records of DV, DA and fraud against me but none went past that; he was never charged, just arrested. Will he show up on a Clair’s law?

[Random.]

Hey, I’m new to this site & I’ve been in a similar situation very recently, however I am still living with him.
I was the one that originally requested information under Clare’s Law as I was concerned that the violent events were getting worse & more frequent until something happened in which I ended up in hospital because of him.
The police did disclose to me what had happened previous to me reporting anything regarding my current situation with him, all charges from his previous ex’s had been dropped too but they still disclosed everything to me.
When the latest incident happened with me he was put on bail for (detail removed by moderator) after getting arrested & I was told by police that even though I’ve had charges dropped against him that it’ll still show up on his record.
I do think it is partially down to police as to what to disclose if they see it could be a threat towards you then I believe that they’d be able to disclose this as that’s what happened with me.
Hope this helps?

[Author]

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