header-logo header-logo

15 March 2018
Issue: 7785 / Categories: Legal News
printer mail-detail

New orders seek protection for abuse victims

Domestic abuse perpetrators could be electronically tagged or forced to attend programmes to address their attitudes under new Domestic Abuse Protection Orders.

Breaching an order would be a criminal offence. Where abuse involves or affects a child, this would be counted as an aggravating factor during sentencing. A Domestic Abuse Commissioner would be appointed to hold the government to account.

These and other proposals were published last week in the consultation, Transforming the Response to Domestic Abuse, ahead of a draft Domestic Abuse Bill.

For the first time, economic abuse is recognised as a type of domestic abuse, protecting victims whose finances are withheld, or who are denied access to employment or transport.

It offers a new statutory definition of domestic abuse as ‘any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse…’.

‘Controlling behaviour’ is defined as ‘a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour’.

Family law solicitor-advocate and NLJ columnist David Burrows said: ‘It concentrates on: promoting awareness of domestic abuse; the issue of protection and support of victims; and how to “pursue and deter” perpetrators.

‘A lawyer will be concerned with the third: police response and improving the experience of the justice system of “victims” (they are not “victims”; nothing is proved yet); and with what the Ministry of Justice makes of it all in the current review of legal aid.’

Views are sought by 31 May 2018.

Issue: 7785 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll