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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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