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EDITIONS
Tuesday, 18 February, 2003, 01:35 GMT
Domestic violence: The legal remedies
Victim of domestic violence
One woman in four has been abused
News image

Domestic violence is one of Britain's biggest crime problems.

A woman is killed every three days at the hands of a partner or former partner.

Attacks within relationships account for a quarter of all recorded crimes of violence. It is estimated that one woman in four has been abused at some point in her life.

Yet there is no specific offence of domestic violence, and it is defined in many ways.

DOMESTIC VIOLENCE
Results from our poll

This is one form of words now used by the Home Office:

"Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender."

Powers

In the past, police officers were often reluctant to intervene in a "domestic", a row between a couple within their own home.

Scales of Justice
Some victims fear having to give evidence
But it has been made clear to police chiefs that domestic violence should be treated as seriously as any other crime.

An incident that ends in injury or death can be dealt with by a variety of criminal charges, ranging from assault to murder.

Under common law, a constable has the power to enter domestic premises to deal with a breach of the peace.

The Police and Criminal Evidence Act of 1984 also gives the officer the right to enter any premises to save life or make an arrest for offences such as assault occasioning grievous or actual bodily harm, or wounding.

One's home should be a place of safety...domestic violence involves a serious breach of trust

Home Office
PACE also gives police the power to arrest a person to prevent physical injury to someone else, or to protect a child.

A recent piece of legislation, the Protection from Harassment Act of 1997, can be used to stop an offender pursuing a victim, and makes it an offence to put people in fear of violence.

It allows the courts to impose a restraining order. If ignored, it can result in a prison sentence of up to five years for the offender.

Exclusion

The same legislation allows the victim to be awarded damages for anxiety or financial loss caused by harassment.

Home Secretary David Blunkett
David Blunkett: "We must bring abusers to justice"
The Family Law Act of 1996 provides civil remedies for domestic violence. An abuser can be ordered not to molest someone they are living with, or a person they used to live with.

Where the partners are still living together, the abuser can be ordered to leave the house, or they can be excluded from part of the home.

The abuser can also be required to allow the victim back into the house if they have been forced out.

But while domestic violence can be dealt with using a variety of laws, it is not always easy to bring prosecutions against abusing partners.

Children

Having contacted the police, many victims say they do not want the case taken to court.

They may be concerned about losing their partner, or about the impact on their domestic and family circumstances. And they may be worried it could lead to further violence.

The police have been told that when officers arrive at a domestic incident, their first duty is to protect the victim and any children present from any further violence.

Domestic violence
One woman killed by a partner every three days
One woman in four experiences domestic violence
Attacks on partners account for a quarter of all violent crime

In ninety per cent of incidents within families, children are in the same room or the next room.

If they witness or hear domestic violence they can be deeply affected by the experience.

Children's charities want the law strengthened to provide greater protection for youngsters exposed to such violence.

The Home Office says that if the victim wants to move out, the police should try to take them to where they want to go, such as the home of a friend or relative, or a place of safety like a refuge.

The second duty of the police, after protecting the victim, is to hold the offender accountable. Where they have the power of arrest, they are expected to use it.

When cases are sent to the Crown Prosecution Service, the police have to provide detailed information about the relationship, any history of violence, and an assessment of the future risk to the victim and any children in the home.

Intimidation

Victims sometimes withdraw their complaints because they are frightened of going to court, and the possible consequences.

Royal Courts of Justice
Civil laws can be used to protect victims
The CPS has the power to continue with the prosecution without their consent, but a victim is rarely compelled to give evidence.

Under the Criminal Justice Act of 1988, it is sometimes possible for their statement to be read to the court, so they do not have to appear in person.

If the victim has been warned to keep quiet, the police can arrest the offender under the Criminal Justice and Public Order Act of 1994.

Scales of Justice
This created two new offences of intimidating a witness, and harming - or threatening to harm - a witness.

While most attention has been focused on women victims, the police have been told to respond in exactly the same way when the perpetrator is a woman and the victim is a man.

That also applies to same sex relationships.

Anonymity

New laws to deal with domestic violence are now being considered by the government. A consultation paper will be published in the Spring, to be followed by a draft parliamentary bill later in the year.

Legal options
Criminal charges, including assault, GBH and murder
Protection against harassment, including restraining order
Damages for anxiety or financial loss
Non-molestation and occupation orders to protect victim and exclude abuser from home

One proposal thought to be under discussion is the introduction of restraining orders to prevent abusers harassing their victims after being released from jail.

Another suggestion is to give an abused partner the right of anonymity in court proceedings.

The Home Secretary, David Blunkett, says effective, modern legislation is needed to bring the perpetrators of domestic violence to justice.

"For years this crime has been hidden from view and I am determined it should be at the forefront of our agenda," he says.

"I believe in punishment as well as prevention. We must bring the abusers to justice, and continue to invest in preventing domestic violence.

"This has been a forgotten issue for too long."

Special report on domestic violence

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