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| Domestic Violence Act must be repealed to protect victims | Domestic Violence Act must be repealed to protect victims |
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| Jamie Grierson identifies the criminal justice system’s inadequacy in combating domestic abuse but seems unaware of civil law provisions (Behind closed doors, 1 December). Victims are naturally reluctant to expose themselves to further risk in criminal proceedings which, far from letting them and their children escape abusive situations, may compound their problems. | Jamie Grierson identifies the criminal justice system’s inadequacy in combating domestic abuse but seems unaware of civil law provisions (Behind closed doors, 1 December). Victims are naturally reluctant to expose themselves to further risk in criminal proceedings which, far from letting them and their children escape abusive situations, may compound their problems. |
| Tara Newbold’s tragic death, like others, was preceded by various ineffective interventions. Civil (family) court non-molestation injunctions and occupation orders once gave women and children a safe escape route from potentially lethal situations. The powers of arrest that civil courts were mandated to attach to orders ensured high compliance, while related issues were resolved – crucially children. Reported breach meant instant arrest and court the next day for contempt proceedings with a possible custodial sentence. The criminal standard of proof prevailed, but where alleged breach occurred “behind closed doors”, judges could reasonably prefer one party’s version to another’s with events so fresh. Practising as a family lawyer I can vouch for this. | Tara Newbold’s tragic death, like others, was preceded by various ineffective interventions. Civil (family) court non-molestation injunctions and occupation orders once gave women and children a safe escape route from potentially lethal situations. The powers of arrest that civil courts were mandated to attach to orders ensured high compliance, while related issues were resolved – crucially children. Reported breach meant instant arrest and court the next day for contempt proceedings with a possible custodial sentence. The criminal standard of proof prevailed, but where alleged breach occurred “behind closed doors”, judges could reasonably prefer one party’s version to another’s with events so fresh. Practising as a family lawyer I can vouch for this. |
| Disastrously for victims, from July 2007, the Domestic Violence (Crime and Victims) Act (DVCVA) made breach a criminal offence. Championed by the then attorney general Harriet Harman, with much “get tough” rhetoric, the act prevented courts from attaching powers of arrest to orders – in the wholly unrealistic expectation that victims (legal aid ended) would approach the police to prosecute for breach. | Disastrously for victims, from July 2007, the Domestic Violence (Crime and Victims) Act (DVCVA) made breach a criminal offence. Championed by the then attorney general Harriet Harman, with much “get tough” rhetoric, the act prevented courts from attaching powers of arrest to orders – in the wholly unrealistic expectation that victims (legal aid ended) would approach the police to prosecute for breach. |
| The PM seeks a new law to promote “a holistic approach” with effective early intervention. This may be best met by repealing the DVCVA, letting civil courts again attach powers of arrest to non-molestation orders – ensuring immediate consequences for breach and strong victim protection.Jan WilliamsKnaresborough, North Yorkshire | The PM seeks a new law to promote “a holistic approach” with effective early intervention. This may be best met by repealing the DVCVA, letting civil courts again attach powers of arrest to non-molestation orders – ensuring immediate consequences for breach and strong victim protection.Jan WilliamsKnaresborough, North Yorkshire |
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| Domestic violence | Domestic violence |
| Family law | Family law |
| Children | Children |
| Women | Women |
| letters | letters |
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