Domestic Violence NON EEA SPOUSE

Hi everyone,

The situation is as follows the Non EEA spouse was granted 5 year residence card but after a short time it is revoked by the Home Office, because the EEA spouse has left the UK. An appeal was lodged. Is it possible to file a an application for domestic violence instead even thought the EEA SPOUSE has left the country permanently.There is no divorce and I can provide police report visiting the adress and arrest of the EEA spouse on that occasion.But on the release on the arrest paper is written that no further action will be taken again him. Please help ,any guidance will be valuable.Is it a requirement for the EEA national to be in the UK so that I can try to apply for a domestic violence visa??