Exam (elaborations)
Domestic violence Test Guide 1 Questions and Answers 2024
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Domestic violence Test Guide 1
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Domestic violence Test Guide 1What is domestic violence? - answer any incident or pattern of incidents of controlling,
coercive, threatening behavior, violence or abuse between those aged 16 or over who
are, or have been, intimate partners or family members regardless of gender or
sexuality. The abuse can encompass, but is not limited to:
• psychological
• physical
• sexual
• financial
• emotional
behavior
problem with the term 'domestic': - answer Using word domestic may lead some people
to believe that this sort of abuse is not as serious
•Should the term be replaced with something that underpins the seriousness of the
nature?
- Marcus believes it should be seen as a form of terrorism because of the parallels it has
(its conventional usage and gender based violence) Terrorists use 3 tactics...
unannounced calculated attacks of violence, psychological and physical warfare, and
creation of intimidation. Marcus believes perpetrators of violence within intimate
relationships with women use similar tactics.
What is meant by 'controlling behaviour' ? - answera 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.
what is meant by 'coercive behaviour' ? - answeran act or a pattern of acts of assault,
threats, humiliation and intimidation or other abuse that is used to harm, punish, or
frighten their victim.
This is not a legal definition. But used by government department.
How many people experience domestic abuse? - answerfor year ending march 2017 an
estimated 1.9 ,mil adults aged be 16 and 59 years experienced some sort of domestic
abuse. (1.2 mil women and 700,000 men)
almost 2 women a week killed by partners or ex partners....
Some times police receive up to 100 calls per hour
,Government's response to domestic violence: - answer- Conservative manifesto= -
promise to bring forward a Domestic Violence and Abuse Bill.
-Queens speech confirmed (june 2017) draft bill would include
• Establish a DV and Abuse Commissioner
• Introduce a statutory definition of DV and abuse
• Create a "consolidated new domestic abuse civil prevention and protection order
regieme"
• Aggravated office if directed towards a child
• Introduction of a Courts Bill that would "end direct cross examination of DV victims by
alleged perpetrators in the family courts and allow more victims to participate in trials
without having to meet their alleged assailant face-to-face"
Law Society Update, January 2018 - answercalls for change to Legal Aid for vicitms of
DV.
- even though DV victims were an exception to the legal aid cuts, there is strict criteria
-change would include
1- removal of time limits on evidence
2- the recognition of evidence from organisations providing domestiv violence support
ervices
3-include evidence from hosuing officers and evidence of violence towards a previous
partner as a risk of abuse.
How can the criminal law play a part in DV cases? - answer- Forms of DV can be
classed as things like assault, battery, ABH etc. Just because they are 'domestic' this
does not mean they are not as serious as such acts happening between strangers. If
anything courts may find them more serious as they will look at if perpetrator abused his
position of trust etc
-Serious Crime Act 2015, s.76: creates the specific offence of "controlling or coercive
behaviour in an intimate or family relationship" where the victim and the abuser are, as
the Act puts it, "personally connected". The offence is triable in either the Magistrates or
Crown Courts and punishable by a fine and/or a maximum sentence of 5 years
Protection from Harassment Act 1997- mixed crimnal and civil law
-
, Problems with using Criminal law to deal with a DV case. - answer1- directly inverts
involvement of state...so used less because it open up private matters to public scrutiny
2-Police and CPS Practice changed in 1990s to encourage DV victims to come
forward : this did not work, Victims do not want their abuser to become a criminal,
scared of retaliation, may want to stay with abuser due to close an intimate relations
ship between them
3-Home affairs Select Committee said in 2012-2013 6,741 domestic violence cases
failed because victims failed to turn up to court or retracted on their evidence.
4-Fear of financial hardship if partner was to be put in jail and lose job
5- pro arrest element in DV cases may result in the arrest of women whoa ctd in self
defence or retaliation
6- Engaigin in criminal system means victim loses contro over how their cases is
managed, which could further endanger them, if prosecution is not what she wants.
7-A lot of cases do not make it through criminal courts. This is a problem becasue there
is then a gap where civil remedies can be aplied. In this gap, D can get out on bail and
cause more abuse.
Why are civil remedies better than criminal remedies? - answer- Civil remedies look at
how people seek to resolve their problems and what factors impact the way they form
their decisions (it is a response to the needs of the victim). Different to criminal law
which has the aim of identifying and punishing criminals.
-not all victims want relationships to completely end, they just want violence to stop and
support for this. Civil law is designed to stop future violence rather than punishing
abuser for past violence.
'The Varying Paths to Justice: Mapping problem resolution routes for users and non-
users of the civil, administrative and family justice system'
What are the Civil remedies? - answerCrime and Security Act 2010-
-DVPO: Allows police to protective measures in place after immediate aftermath of
incident.can prevent perpetrator from going near victim for up to 28 days, giving victim
time to look at options.
-Domestic Violence Protection Notices (DVPN)- police issue notice effected from time of
issue.
Family Law Act 1996 Part IV
• Non-molestation orders
Section 42
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