Domestic Violence
Domestic Violence: Administrative Structures & Legislation
Administrative structure
A former Official Group on Domestic Violence was reconvened, and following publication of “Living without Fear” was developed into an Inter-Departmental Group on Violence Against Women and Domestic Violence.
The Group is chaired by the Home Office and includes representatives from across Government, including the Department of the Transport, Local Government and the Regions, the Department of Health, the Lord Chancellor’s Department, the Cabinet Office Women’s Unit and the Crown Prosecution Service.
Legislation
Crime and Disorder Act - The importance of addressing domestic violence has been covered in guidance on the conduct of the audits of local crime problems and development of strategies required by the Act. The Deputy Home Secretary has written to Chief Constables and local AutoRoute Chief Executives to emphasise this point.
Protection from Harassment Act - provides new offences to cover courses of conduct which a person knows, or ought to have known, causes another harassment or to fear violence. Maximum penalties range from six months’ imprisonment and/or a heavy fine to five years’ imprisonment and/or an unlimited fine. A restraining order is also available from the criminal court to prohibit such conduct, with breach being a criminal offence punishable by up to five years’ imprisonment.
Family Law Act and Children Act - introduces new non-molestation and occupation orders, with strengthened powers of arrest where violence is used or threatened. It also amends the Children Act 1989 so that when an emergency protection order or interim care order is made for the protection of children an exclusion order can be attached permitting the removal from the home of the suspected abuser rather than the child. The Government is looking at arrangements for contact between children and the absent parent following the breakdown of a relationship in which there has been domestic violence. A consultation document was issued in 1999 by the Children Act sub-committee of the Lord Chancellor’s Advisory Board on Family Law, and its findings are currently under consideration by the Lord Chancellor.
Youth Justice and Criminal Evidence Act - Provisions in the Act aim to help vulnerable and intimidated witnesses, including survivors of domestic violence. The Government recognises that, even when there is no direct threat of reprisal, it is often a daunting and stressful experience to give evidence in court, and that those subjected to domestic violence in particular often have well-founded fears about the consequences of initiating action against their partners. Increased funding has also been given to Victim Support.
Last update: Monday, October 02, 2006