Enhancing Legal Protections for Victims of Domestic Abuse

The Need for Greater Awareness of Civil Protections and Immediate Legal Remedies

There needs to be better understanding of civil procedures by the police – and sometimes domestic abuse charities. We speak with domestic abuse victims who have been advised by the police to apply for a Non-Molestation Order (NMO). This is often people who are living in fear, who have had to wait for days to speak with a solicitor. Most are unaware that the police have powers to put in place an immediate Domestic Violence Protection Order (DVPO) which can last up to 28 days; it works in a similar way to an NMO, prohibiting a perpetrator from contacting the victim and can provide protection whilst the victim goes through the legal process of applying for an NMO. If the police think a situation requires an NMO, then it may also require an urgent DVPO in the meantime.

If there are allegations of domestic abuse, then the alleged victim should be provided automatic special measures from the start of proceedings and have the right to waive this rather than have to seek the court’s permission for special measures. A victim may often be unrepresented, especially in the early stages of proceedings and it is harrowing for them if they have to face the perpetrator.

Financial Barriers, Systemic Delays, and the Need for Greater Awareness in Domestic Abuse Cases

Obstacles are often financial for victims who do not qualify for legal aid but do not have the funds to pay for representation. For those who do qualify, there’s the lengthy process of applying for legal aid, for which many struggle to provide the evidence required. There are also lengthy delays due to a backlog of cases. And of course, there is the emotional harm that a victim has to endure. In general, there is a lack of support with the process.

There remains a lack of understanding of some types of domestic abuse and the impact it can have on the victim. Perpetrators are sometimes able to use the system to subject their victims to further abuse. The court needs to be more alert to this and identify at an early stage when this is happening and ensure measures and rules are put in place to protect the victim.

One obvious fix to the slowness of the process is more judges and more lawyers. However, many firms are no longer providing legal aid – which we still do because we believe in justice for all.  Another general ‘blockage’ in the system is the delay in getting information from other sources such as the police, who in turn face delays in investigating.

Challenges in Legal Representation for Domestic Abuse Victims

There still is no court fee for Non-Molestation Orders so this does not have a bearing on the cross examination by alleged perpetrators. The real problem is the lack of qualified legal representatives; many are put off by the low renumeration and the amount of work that goes into being properly prepare. Others are put off by the prospect of not getting documents early enough, say from the court.

Lack of Communication and Support for Victims During Investigations

It is very concerning. We speak with victims who have made allegations and the perpetrator has been arrested. But the victim is not kept updated on the progress of the investigation. They have to chase the police for updates – on occasion we have heard stories of a victim not being informed when the police have closed an investigation. It is likely a similar situation when prisoners are released, basically a lack of communication.

The Role of Social Media in Perpetuating Abuse

With the laws having tightened around revenge porn and sharing images without consent, one hopes such abuse will be less of a problem in family law. However, social media remains an issue, offering additional ways to humiliate the victim. For example, the perpetrator and/or their associates making their social media pages public and openly discussing the victim in a derogatory manner. Whilst they may not refer to them by name, the victim knows it is about them. This is a way of attempting to antagonise the victim and cause a reaction – without breaking any laws. The family court needs to be more sensitive to this.

Addressing Financial Abuse During Legal Proceedings

Financial abuse is an issue in proceedings, from refusing to engage in negotiations to frivolous spending and running up solicitor fees, causing the other party even more anxiety and stress about finances. A lawyer needs to be alert to this type of abuse and be firm with the perpetrator, making them aware that if the abuse is brought to the court’s attention, there can be consequences.

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