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Legal News

Domestic Violence – a real issue (16 January 2017)

Date: 16/01/2017
Duncan Lewis, Legal News Solicitors, Domestic Violence – a real issue

The Office of National Statistics 2015 has stated that two women are killed every week in England and Wales by a current or former partner and one woman is killed every three days. On average, a woman is assaulted 35 times before her first call to the police (Jaffe, 1982). The Legal Aid, Sentencing and Punishment of Offenders Act 2012, which came into effect in April 2013, removed legal aid for family law cases, such as divorce, contact and residence disputes, where a victim can’t prove the incident of domestic violence or child abuse.

Victims of domestic violence suffer in silence for years and thereafter are subjected to the difficulties of attempting to access the legal system without evidence of the abuse. Every minute police in the UK receive a domestic assistance call – yet only 35% of domestic violence incidents are reported to the police (Stanko, 2000 & Home Office, 2002). Reform and recognition of the availability of legal aid to victims of domestic violence needs to be addressed. Domestic violence is a real issue and denying victims legal assistance during this period cannot be seen as a just outcome in order to cut the costs of the public purse. Legal Aid should be granted to all victims of domestic violence as urgently as is required.

In family court proceedings themselves, perpetrators of domestic abuse very often have the opportunity to further the abuse through personally cross-examining the victim at trial.

Sir James Munby, the President of the Family Division issued a statement on the cross-examination of vulnerable people where he stated, ‘The family justice system lags woefully behind the criminal justice system.’ Not only are victims denied legal representation due to being unable to meet the Gateway evidence, they are further subjected to continued abuse whilst being cross-examined by their alleged perpetrators. If a rape victim cannot be cross-examined by their alleged perpetrator in a criminal trial, it is of high concern that a victim of domestic violence in family proceedings is subjected to cross examination by their perpetrator when either seeking the protection of a Non-Molestation Order or in contested contact applications. The Justice System is continuing to allow victims to be subjected to abuse in this respect, where perpetrators torment and cause distress to victims during court proceedings. Reform in family proceedings is required as a matter of priority.’

Author: Reena Matharu

Duncan Lewis Domestic Violence Solicitors

Duncan Lewis domestic violence solicitors can advise victims of domestic abuse on how to tackle the issues within the law, including advising on controlling or coercive behaviour, domestic abuse between partners or spouses or same sex partners, child-parent domestic abuse, elder abuse, domestic abuse between friends or flatmates, and financial abuse.

Duncan Lewis is also able to advise on FGM, forced marriage, honour crimes and dowry disputes – and advises on family law under the laws of England and Wales and Islamic law.

For expert legal advice on tackling domestic abuse, call Duncan Lewis domestic violence solicitors in confidence on 0333 772 0409.

For urgent legal help with a domestic violence matter, call the Duncan Lewis Solicitors 24-Hour Emergency Helpline on 0333 772 0607, where a family lawyer is available 24/7.

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