Domestic violence and a law of unintended consequences


The powerful deterrent of the power of arrest was swept away – and injunctions made toothless – in July 2007 when the ill-advised Domestic Violence (Crime and Victims) Act was implemented. This prohibited district judges from attaching these orders to injunctions, meaning solicitors could no longer advise clients that an injunction would properly protect them. Applications for county court injunctions have plummeted and almost half are breached. Legal aid is hard to obtain for contempt of court proceedings, as the victim is expected to rely on the police and CPS to instigate criminal proceedings for breach (now a criminal offence). This is a hugely daunting and problematic prospect. Even if the CPS decides there is enough evidence to prosecute, and that it is in the public interest to do so, the offender is entitled to opt for trial at crown court, with full criminal legal aid. The victim of course loses her solicitor – and her civil legal aid. Repeal of this act is unlikely, as it would be portrayed as government going soft on abusers, but if a simple amendment could be passed allowing county court judges to once more attach powers of arrest to non-molestation injunctions, it would be a significant step out of the present morass.  The Guardian, Tuesday 14 June 2011

Are children, fathers and mothers (in alphabetical order)  just complaining about the family court system for the sake of it?   

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About towardchange

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second. For years I have campaigned for the rights of children and their voices to be heard.
This entry was posted in Child Welfare, Family Law, His Honour Judge Waine, Information, Local Authorities, Parental Rights, Private Law, Public Law and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

57 Responses to Domestic violence and a law of unintended consequences

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  4. towardchange says:

    The current system, which is supposed to protect children, “just doesn’t work”.

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  12. towardchange says:

    Saving the men who live in fear of domestic violence
    “We’re all familiar with the terrifying ordeals of ­battered wives, beaten, abused and humiliated in their own homes. But what ­happens when the ­situation is turned on its head?
    More than 40% of domestic violence victims are male, yet they often ­struggle to find support and feel ashamed to look for help. But there is hope, thanks to the UK’s growing number of refuges exclusive to men.”
    Read more: http://www.mirror.co.uk/news/top-stories/2011/03/17/saving-the-men-who-live-in-fear-115875-22994518/#ixzz1RVyFbhB0

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