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11 January 2007
Issue: 7255 / Categories: Legal News , Family
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Domestic violence laws should protect victims

News

Family lawyers claim new laws designed to punish perpetrators of domestic abuse may reduce the likelihood of offences being reported.
From 1 July this year, the
Domestic Violence Crime and Victims Act 2004 makes breach of a non-molestation or occupation order a criminal offence, punishable by up to five years’ imprisonment—currently it is a civil offence.
Resolution says the change may deter victims from reporting attacks or taking action if they know the perpetrator could end up with a criminal record.  
Jane McCulloch, Resolution’s vice chair, says: “We are in no way playing down the devastating effects of domestic violence in all its forms. Neither are we questioning the good intentions of the legislators. But, first and foremost, the law should protect the victim rather than punish the perpetrator.”  

McCulloch adds that the Act gives the criminal court the power to make restraining orders for any violent offence, even on acquittal. “The risk here is that, even when acquitted, the alleged perpetrator could be kept away from the family home with devastating effects on family relationships,” she says.
However, Baroness Scotland QC, the minister responsible for domestic violence issues, defended the legislation saying domestic violence must stop.

“We have more to do to urge women that the help is out there and they must come forward if they are a victim of this heinous crime,” she says.

Issue: 7255 / Categories: Legal News , Family
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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