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There are no laws
as such against what is the largest single form of violent crime, however many
measures provide protection. Our organisation are frequently involved in
supporting civil litigation in service of non-molestation orders and
documents issued by the court providing for protection of children. We can also
provide practical support and advice for victims. |
 |
Civil Law:
There is specialist family jurisdiction, with the Family Law Act
1996 making available non-molestation orders and orders affecting
occupation of the family home. A non-molestation order may be
accompanied by a Power of Arrest which, if infringed, may render the
person served to criminal proceedings. |
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Occupation orders
fall into one of five categories depending on underlying property rights. A
Power of Arrest can be attached to either type of order and must be
added to a non-molestation order if violence was used or threatened. In the
first 12 months following implementation of the Family Law Act 19,000
non-molestation orders were made, and 9,000 orders affecting occupation of the
family home. Undertakings to refrain from certain conduct or to do certain
things have been made statutory by the 1996 Act if sanctioned by a court. If
broken, they attract the same penalties as civil injunctions. |
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Criminal
Law: There is now a readiness throughout the criminal process to recognise
serious offences that are perpetrated in the home for the violent acts they are
- a far cry from days gone by when violence in the home was virtually deemed a
private matter. |
 |
The Protection
from Harrassment Act 1997 introduced a number of specific new offences,
recognising that assaults may be psychological as well as physical. Bail
conditions can be used to limit the risk of violence, or an alleged perpetrator
may be detained. Similarly, general civil law may be invoked to protect victims
against violent and other behaviour by injunction. |
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Although
harrassment is not defined in the 1997 Act, it can include most interference
between partners provided that there is a "course of conduct" involving at
least two incidents. This includes the mental element. |
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A Restraining
Order, exclusive to harrassment cases, may be made in addition to the basic
sentence. Criminal offences under Section 2 (harrassment) of the Act carry a
maximum penalty of six months imprisonment, a more serious offence under
Section 4 ("putting people in fear") carries a maximum sentence of five years.
Breach of a restraining order may carry an additional five year
sentence. |
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There is an increasing trend for
local authorities and housing associations to use domestic violence as a basis
for eviction |
| We stress that this is a general guide only. If you feel you are a victim of domestic violence we recommend you contact a Family Law solicitor or Domestic Violence unit of your local police force. At all times please feel free to call us and we will be pleased to suggest practical steps or put you in touch with a competent solicitor or DV unit. Information is available on our Personal, Stalking and Legal pages. |
| Domestic
Violence - Definitions: |
- may be determined
as physical, emotional, psychological or sexual abuse between adults with whom
there is or has been a close relationship;
- may take the form
of slapping, punching, kicking, stabbing, threats, criticism, humiliation,
isolation, forcing sex, sexual abuse;
- is used by one
person to exert control and power over another;
- happens regardless
of race, culture, class, sexuality, age, religion, mental or physical
ability;
- is mainly
experienced by women from known men. Women can also be abused in lesbian
relationships and men can experience violence in gay or heterosexual
relationships
|
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