EAST HERTS and BROXBOURNE
DOMESTIC VIOLENCE FORUM

 

 

“Domestic violence, where are we today?”

 

Domestic violence has been defined as “any incident of threatening behaviour, violence or abuse, (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality”.

 

An adult is defined as “any person aged 18 or over”. Family members are defined as “mother, father, son, daughter, brother, sister, grandparents, in-laws or step”. For the Court to have jurisdiction to make an order, a victim must come with in the definition of an “associated person”. The definition of an “associated person” is relevant as the victim and the alleged abuser must be associated with each other and for the purposes of the Family Law Act 1996 as amended by The Domestic Violence Crime and victims Act 2004, a person is considered associated with another person if –

 

 a)      they are or have been married to each other;

 

aa) they are or have been civil partner of each other;

 

b)      they are cohabitants or former cohabitants;

 

c)       they live or have lived in the same household, otherwise then merely by reason of one of them being the other’s employee, tenants, lodger or border;

 

d)      they are relatives;

 

e)      they have agreed to marry one another (whether or not that agreement has been terminated);

 

(ea) they have entered into a civil partnership agreement (as defined by Section 73 of the Civil Partnership Act 2004) (whether or not that agreement has been terminated);

 

(ea) they have or have had an intimate personal relationship with each other which is or was of significant duration;

 

f)       in relation to any child, they are both persons falling into sub-section (4) (if he is a parent of the child; or he has or has had parental responsibility for the child); or

 

g)      they are parties to the same family proceedings (other than proceedings under this part).

 

 The definition for cohabitants has also been widened to include “same sex cohabitants”.

 

 The law relating to the occupation of a family home, domestic violence or related matters is still dealt with under the Family Law Act 1996 subject to amendment. Under this Act, the Court has wide powers to make orders with regards to:-

 

a)      The rights of occupation in respect of a dwelling (an occupation order);

 

b)      The exclusion of a party from all or part of a dwelling (an occupation order);

 

c)       The protection of a party from domestic violence (a non-molestation order).

 

d)      Part IV also makes provision for a Court in some circumstances to transfer certain tenancy’s.

 

In considering an application for either an occupation order or a non-molestation order, the Court must have regards to all the circumstances of the case, including the need to secure the health, safety and wellbeing of the applicant (victim) or any relevant child. Where protection is sought, the victim can only seek such an order against a person with whom he or she is associated with.

 

The Domestic Violence Crime and Victims Act 2004 came into force on 1st July 2007. This Act was brought in to provide protective measures for the victims of domestic violence. The definition of “Associated Persons” and “Cohabitants” has been extended as a result of the DVCVA, together with new powers being put in place that provide for the breach of a non-molestation order to be a criminal offence.

 

Ultimately, the DVCVA intended to provide greater powers for the police and for the Courts and to improve the way in which victims were treated. In summary the affects of the DVCVA are as follows:-

 

1)      common assault is now an arrestable offence;

 

2)      if a person breaches a non-molestation order, this is now an arrested criminal offence and punishable by up to five years in prison.

 

3)      Same sex couples now have the same access to non-molestation and occupation orders as heterosexual couples and couples who have never lived together or been married, can also avail of these orders in certain circumstances.

 

 

The DVCVA 2004 contains a variety of provisions. One of the most important changes is that the Act tries to ensure that victims get the support and protection they need  and provided for a code of practice binding on all criminal and justice agencies so that victims receive support, protection, information and advice.

 

 Where a person finds themselves a victim of domestic violence, it is important that they are able to locate support and/or legal advice. Protective measures now exist through the Court’s and through the police to afford a victim of domestic violence and any child, protection from fear, intimidation and violence.

 

Useful inks: Breeze & Wyles Solicitors