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11 January 2007
Issue: 7255 / Categories: Legal News , Family
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Domestic violence laws should protect victims

News

Family lawyers claim new laws designed to punish perpetrators of domestic abuse may reduce the likelihood of offences being reported.
From 1 July this year, the
Domestic Violence Crime and Victims Act 2004 makes breach of a non-molestation or occupation order a criminal offence, punishable by up to five years’ imprisonment—currently it is a civil offence.
Resolution says the change may deter victims from reporting attacks or taking action if they know the perpetrator could end up with a criminal record.  
Jane McCulloch, Resolution’s vice chair, says: “We are in no way playing down the devastating effects of domestic violence in all its forms. Neither are we questioning the good intentions of the legislators. But, first and foremost, the law should protect the victim rather than punish the perpetrator.”  

McCulloch adds that the Act gives the criminal court the power to make restraining orders for any violent offence, even on acquittal. “The risk here is that, even when acquitted, the alleged perpetrator could be kept away from the family home with devastating effects on family relationships,” she says.
However, Baroness Scotland QC, the minister responsible for domestic violence issues, defended the legislation saying domestic violence must stop.

“We have more to do to urge women that the help is out there and they must come forward if they are a victim of this heinous crime,” she says.

Issue: 7255 / Categories: Legal News , Family
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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