Investigating Domestic Abuse

The Association of Chief Police Officers & the National Policing Improvement Agency have published new guidance on Investigating Domestic Abuse (pdf file). The guidance emphasises the link between domestic abuse & child abuse but ACPO will also be publishing revised guidance on Investigating Child Abuse & Safeguarding Children. The guidance is breathtakingly comprehensive and covers disclosure into family proceedings (as well as the fact that the sections on evidence gathering may assist in identifying the sort of documents & materials which could be requested). For the current guidance on police disclosure see the DCA website. More guidance is in development between Cafcass & ACPO on Information sharing in private law cases.

Tis not the season to be violent

Here's a cheery Christmas thought from the Home Office: there about a third more incidents of domestic violence related assault recorded on Christmas Day compared to the daily average. In a press release the Home office have publicised a new domestic violence enforcement campaign running from today until 6 January which they are supporting with extra funding, some of which has gone to police forces to provide additional resources and materials. Refuge, which in partnership with Women's Aid runs a 24 hour national Domestic Violence Freephone Helpline (0808 2000 247) welcomes the initiative though of course points out the the problem of domestic violence is for life, not just for Christmas.

The Map of Gaps

End Violence Against Women is a ground-breaking campaign representing a coalition of organisations such as Amnesty International, Rape Crisis & Women's Aid, aiming to raise awareness of domestic violence issues. EVAW and the new Equality and Human Rights Commission, has just published a report, Map of Gaps, showing graphically, the postcode lottery of violence against women support services. Every year, 3 million women in the UK suffer rape, trafficking, harassment, forced marriage, domestic violence or some other form of gender-based violence. Specialised services, such as Rape Crisis Centres and refuges, are essential to help women deal with the immediate crisis, support them through the justice system, and help them move on with their lives.

EVAW's point is that provision is patchy in most parts of the UK and in some places there are no services at all. We have already witnessed a tide of closures and many more face closure because of a funding crisis in the sector.

The Map of Gaps shows:

A third of local authorities in the UK have no specialised support services;
Most women in the UK have no access to a Rape Crisis Centre;
Less than one in ten local authorities have specialist services for ethnic minority women that would address forced marriage, female genital mutilation and crimes in the name of honour amongst other issues.

You can see the Map of Gaps as a pdf file here .

EVAW and the Commission are calling for the government and local authorities to take urgent action to stem the tide of closures and ensure that all women have access to these vital services.

"It's time to plug the gaps", says Liz Kelly, Chair of End Violence Against Women, "It is simply too costly to continue with the current situation. Women deserve access to quality support services."

Woman's Hour on Tuesday morning featured interviews about the EVAW campaign as well as an interview with Womankind whose recent research has highlighted the prevalence of attitudes amongst school pupils that reinforce violent behaviour.

Domestic Violence Round Up

From 1 June 2007, victims of stalking and domestic violence have been able to benefit from new legislation in the Electoral Administration Act 2006 which contains provision designed to protect people at risk if their details appear on the electoral register. Those at risk can apply to their local authority in England and Wales to be registered anonymously while still being able to vote.

On 1 July 2007, the remaining provisions of the Domestic Violence, Crime and Victims Act 2004 were implemented. Section 1 makes the breach of a family non-molestation order a criminal offence punishable by up to five years' imprisonment. Section 4 extends availability of non-molestation and occupation orders to those persons that have never cohabited or married.

In addition, the Forced Marriage Act 2007 received royal assent on 27 July 2007. The aim of the Act is to provide protection to those at risk of forced marriage and to provide recourse for those who have already been forced into marriage. Under the Act, a person who is being forced into marriage or has been forced into marriage may apply to the court for a Protection Order. The court can order the behaviour or conduct of those responsible for forcing that person into marriage to change or stop or to impose requirements upon them. If they fail to comply with the court order they will be dealt with by the court and indeed may be sent to prison.

Here the Home Office publishes its annual reports on the National Domestic Violence Delivery Plans .

Womens Aid has published a Kidspeak report setting out how children view & experience domestic violence.

Last but not least there is a helpful article: Domestic Violence & Ex Parte Applications: Getting the Affidavits Right by Byron James.