DOMESTIC ABUSE
INTRO CIVIL REMEDIES FORCED MARRIAGES EXTRA RESEARCH
Under s1 Domestic Abuse Act 2021 - The Civil remedies include non-molestation, Forced Marriage Protection Orders The Duluth Power and Control Wheel has informed social
behavior is considered abusive if it involves occupation orders under Family Law (FMPOs) were introduced in the United understandings of DA. It highlights the tactics used by
physical or sexual abuse, violent or threatening 12 Act 1996 (FLA 1996) Kingdom in 2008 to provide a legal remedy for perpetrators to maintain power over their victims, highlighting
behavior, controlling or coercive behavior, Injunctions under the Protection from individuals who are at risk of being forced into the intersectionality of oppression based on gender, race, class,
economic abuse, psychological, emotional or Harassment Act 1997 marriage or who are already in a forced sexuality.
other abuse between those aged 16 and over. DVPO/N’s under ss24-33 Police and marriage. FMPOs are civil orders issued by The new definitions in the DAA 2021, aim to capture a wide
Yemshaw v Hounslow LBC [2011] Security Act 2014 the courts to prevent individuals from being range of abusive behaviors, including many depicted in the
recognized that "domestic violence" under the Orders under Forced Marriages (Civil forced into a marriage, to protect individuals Power and Control Wheel. However, the definitions do not
Housing Act 1988 should be interpreted Protection) Act 2007. who are already in a forced marriage, and to fully address coercive control or other forms of abuse such as
broadly to include a range of abusive behavior The current civil law remedies for assist in the process of removing them from financial or spiritual abuse. The effectiveness of the new
beyond physical violence. This interpretation domestic abuse in the UK, may not such marriages. definitions will depend on how they are implemented and
has been reinforced by subsequent legal provide adequate protection to victims BENEFITS enforced in practice.
developments, including the incorporation of a of abuse. For example, it may be 1. Effective in protecting individuals from FM Kelly and Westmarland (2016) argue that the current focus
cross-government definition of domestic difficult to enforce these orders, and and providing them with legal recourse. on incidents of physical violence in the definition of domestic
violence in the Family Procedure Rules and perpetrators may continue to harass or 2. Awareness of the issue of forced violence perpetuates the way men talk about their use of
Practice Direction STATS
12J in 2014. intimidate their victims even after an marriage/provided a framework for violence, allowing them to minimize their violence and blame
The Crime Survey for England and Wales orderCRIMINAL REMEDIES
has been issued. addressing this HR violation. the victim for the problem. States that there is a need for a
(CSEW) estimated that 5.0% of adults (6.9% Remedies under - OAPA 1861 3. Sends a clear message it is an more nuanced understanding of violence, one that recognizes
women and 3.0% men) aged 16 years and Breach of civil injunctions, restraining unacceptable practice, and that the the broader pattern of controlling/abusive behaviors. Such as
over experienced domestic abuse in the year orders and harassment made under government is committed to protecting its restrictions on their time, spending, socializing, which are
ending March 2022; this equates to an Protection from Harassment Act victims and make them feel more supported. not always physically injurious but still have a profound impact
estimated 2.4 million adults (1.7 million 1997 4. Deters individuals from engaging in FM. on their sense of autonomy. The legal response to DV has
women and 699,000 men). Breach of non-molestation orders under The case of R v R (1992) 1 AC 599 , evolved, but there is still a gendered gap in the understanding
Kelly et al. (2013) - majority of the victims FLA 1996 marital rape, helped to highlight the public of abuse that needs to be addressed.
were female (77%) and most perpetrators Public order offences under Public aspect and the unacceptable nature of this Thiara (2011) argues that the stereotype of AC women as
were male (97%). There is a recognition that Order Act 1986 practice and had a significant deterrent "strong" and "hard" leads to their being viewed as less
victimisation and offending include both men Offences in relation to forced marriages effect deserving of protection/ affected by violence, thus
and women under the Anti-Social Behaviour, NEGATIVES undermining their attempts to protect themselves from male
Kate Ryan (2019) - Only a ¼ of the UK were Crime and Policing Act 2014 1. Difficult to enforce, particularly if the violence. AC women face discriminatory responses from
aware that in 2015 the UK government had Offences of coercive/controlling individual being forced into the marriage is external agencies when they seek assistance. Emphasizes the
made it law that coercive controlling behaviour behaviour in an intimate or family taken overseas. importance of intersectionality in understanding women's
WHAT
is now THE offence.
a criminal ACT INTRODUCES relationship under s76 Serious Crime 2. Difficult to obtain, with victims having to experiences of violence/the limitations of the legal system's
32% did not want
A statutory to burden
definition others
of DA: with their
includes not Act 2015. navigate a complex legal system/ evidence of response to it.
problems.
only physical violence but also emotional, Critically this has helped to reduce the the risk they face. Humphreys and Thiara (2003) argue that the legal system is
psychological, and economic abuse, as well as stigma associated with it and sent a 3. FMPOs may be seen as a 'Western' solution failing to provide adequate protection for women/children who
coercive and controlling behaviour. message that it will not be tolerated. to a problem that is deeply rooted in cultural have experienced DV and are attempting to separate from their
Non-fatal strangulation: new offense, which Increased the likelihood that practices, interfering in cultural and abusers. Despite civil protection orders, women/children
carries a maximum sentence of five years in perpetrators will be held accountable, religious practices and may lead to a continue to experience post-separation violence, suggesting
prison. as the threat of criminal charges and breakdown in community relationships. that the legal system is not enough to address the ongoing
Domestic abuse protection notices and imprisonment can deter potential 4. Victims may be ostracized by their harassment that can occur through family court proceedings.
orders: new powers for the police to issue DA abusers. PUBLIC/PRIVATE
community, and this DISTINCTION
may bring further Highlights the need for a more coordinated approach to
protection notices and orders, which can Explains the increase in DA applications Private view contends that DA is a matter that
shame and dishonor to the family. community support, civil protection, and criminal justice
provide immediate protection to victims of even before COVID-19 - easier for 5. should be handled within
Criminal proceedings are families,
heard and that the
in public in order to effectively tackle post-separation violence.
abuse. victims to access remedies, as well as government
criminal should
courts, not interfere
which in private
may deter some Suggests that policy developments are needed to shift current
DA commissioner: who will be responsible shifting societal attitudes to DA. relationships
Black andexcept in cases
Minority Ethnicof serious harm.
(BME) women practice/provide a proactive framework for addressing issues of
for monitoring the response of local Underscores the importance of
from reporting breaches. protection and justice.
authorities and other agencies to DA. 6. individual of
Little monitoring freedom
an FMPO and the it
after need
wasto 1. One strength is that it emphasizes the ongoing impact of DV
Special measures in court: to protect imposed,respect
and oncepersonal choices
an injunction wasand
made, on women/children even after separation from the abuser, and
victims of DA, including the use of screens and decisions
the victim within intimate
was effectively returned to the the need for a more comprehensive approach.
3 KEY
video CRITICISM
links OF THE
to shield them DAA abusers.
from their 2021 DVPOs and DVPNs relationships.
perpetrators in that house. 2. However, the passage could be criticized for not providing
Insufficient
A ban on GPs funding: Somefor
for charging campaigners
medical (DVPNs) and (DVPOs) are short-term Proponents of the public matter approach
specific examples of the ways in which family court
have criticized
evidence of DA,the Act for not
including beingaid:
for legal police-initiated protection mechanisms, assert that domestic abuse is a form of violence proceedings can perpetuate control and harassment, i.e.
accompanied by sufficient funding to enable aimed at providing victims with time to that not only harms individuals but also has through power imbalances, economic resources etc.
local authorities and other agencies to provide plan longer-term strategies to escape societal implications. 3. Three recommendations by Payne and Wermeling (2009) to
the necessary support services to victims of abusive relationships. Stresses the obligation of the state
address DV. The first emphasizes the need for a legal system
domestic abuse. Similar orders to DVPNs/O’s can be to protect the safety and well-being that is more sensitive to the female victim's reluctance to
Failure to address the root causes of found in the Austrian Protection of citizens and to hold abusers pursue prosecution, considering the safety requirements of
abuse: Act does not go far enough in Against Violence Bill 1997 and the accountable for their actions. the victim. The second suggests that police officers should be
addressing the root causes of DA. German Protection from Violence DA can be considered a public matter because
burdened with responsibilities such as assisting with
Inadequate protection for migrant women: Act 2002, which have been in place for it often has broader societal consequences that temporary protection orders, providing info on DV shelters,
Despite the campaigning of Southall Black a considerably larger amount of time. go beyond the individuals directly involved. and making follow-up calls. The third focuses on providing
Sisters, the Step-Up Migrant Women Other types of emergency barring These consequences may include hindering financial assistance/social services to victims who successfully
campaign and the End Violence Against orders have been made available more victims' ability to work, study, or participate in follow through with prosecution, including temporary shelters
Women Coalition, the government has failed recently in the Netherlands, Czech social activities, and negatively affecting their that aid in transitioning from a two-parent home to a one-
to deliver equality for migrant women through Republic, Denmark, Finland, physical and mental health. parent home. Highlighting the need for coordination
the new law, who face additional barriers to Hungary, Slovenia and Slovakia. Additionally, domestic abuse can be seen as a
among various agencies to provide comprehensive resources
reporting abuse, such as language barriers or manifestation of gender-based violence, for battered women. Stresses the importance of consistency
fear of deportation. which is deeply rooted in societal structures of in policy application/provision of resources to help victims
power and inequality. move on with their lives.
Walklate & Godfrey & Richardson (2022) provide a critical
analysis of the potential problems caused by 'stay at home'
