Download Legal Responses to Domestic Violence by Mandy Burton PDF

By Mandy Burton

This publication goals to check criminal responses to household violence in a holistic manner. In England and Wales, as in different jurisdictions, a lot cognizance has been paid to the legal justice reaction to household violence. The reaction of the civil justice approach has now not been neglected, yet has been a bit marginalized. felony Responses to household Violence takes a scientific method of interpreting felony responses, encompassing the entire variety of determination makers in the criminal method to research advancements in sizeable legislations and perform, particularly the move in the direction of an built-in justice method.

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In so far as there was any individual, as opposed to systemic, bias—in this case it was clearly against the mother. In an understatement the Court of Appeal remarked; ‘The judge clearly did not form a favourable impression of the mother, and was equally sympathetic to the father, whom he thought had been badly treated by the mother and members of her family’ (Wall LJ). The father was viewed as a devout Muslim but the mother was said to have put her position above her religious duty by breaking her promise to her husband to conceal the abuse.

The parties had been separated for sometime but had ongoing disputes about the father’s contact with the child. The court of first instance granted an order of indefinite duration which the father challenged. It was held on appeal that in some cases orders of only limited and short duration would be needed because the purpose would be just to provide a bit of breathing space. However in cases like this, where there are continuing feelings, a long or indefinite order might be justified. The court concluded that it was wrong to say that long-term orders should be limited to unusual 20 Legal Responses to Domestic Violence and exceptional cases.

Given the documented increase in the proportion of orders where powers of arrest were attached post-FLA (Edwards, 2001a), it might be expected that voluntary sector support agencies would be positive about the improvements in enforcement provisions. However Barron (2002) found that the same proportion of respondents said powers of arrest were ‘sometimes’ imposed on non-molestations as those who said they ‘usually’ were imposed. In relation to occupation orders more said they ‘sometimes’ were than ‘usually’ were imposed.

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