Legal News

The government is considering creating a new domestic abuse law to protect family members and partners against domestic abuse, as this is not covered by current domestic violence laws.

Current laws covering controlling behaviour or behaviour which intimidates do not always extend to domestic relationships. The government has already reviewed the definition of domestic violence to include psychological abuse, however – controlling behaviour might include preventing a family member from controlling their own finances or having their own bank account, or preventing them from leaving the home without permission or on their own.

Coercing a partner or family member into carrying out an act they do not wish to might also be considered controlling behaviour. Preventing a partner or spouse from seeing a particular relative or friend might also be deemed controlling behaviour.

Although existing laws of harassment cover some forms of domestic abuse, the government has identified that family relationships and domestic relationships might sometimes fall outside the scope of current law – despite incidences of domestic abuse being widespread in England and Wales.

In the year 2012-2103, there were one million calls to police about domestic violence and domestic abuse – and domestic violence constituted 8% of all crimes.

BBC News reports that Home Secretary Theresa May has already ordered the police and justice system to come up with proposals to cover domestic abuse – but it is thought that a specific law might be required to cover domestic abuse.

Police have already been given the power to advise individuals if their current partner has a record involving domestic violence or violent crime.

Those who commit domestic crime can also be barred from their home for 28 days.

However, in March Her Majesty's Inspectorate of Constabulary said that many victims of domestic abuse could be at risk because police forces are failing to tackle cases of domestic abuse.

A report revealed that fewer than one-quarter of police forces in England and Wales were responding adequately to reports of domestic abuse, causing the Home Secretary to step in and consider new measures to tackle the issues.

Mrs May said:

“The government is clear that abuse is not just physical – victims who are subjected to a living hell by their partners must have the confidence to come forward.

“I want perpetrators to be in no doubt that their cruel and controlling behaviour is criminal.

“We will look at the results of this consultation carefully, in order to continue providing the best possible protection and support for victims of domestic abuse.”

The Crown Prosecution Service (CPS) has already improved its success rate in prosecuting domestic violence cases, however.

The CPS launched its Violence Against Women and Girls Strategy in 2008 – and in 2012, CPS figures revealed that prosecutions for domestic violence against women and girls had risen by 15,000 in four years.

In the year 2013-2014, prosecutions for domestic violence involved a total of 58,000 defendants being brought before the courts.

The former Director of the CPS Keir Starmer said the increase in successful prosecutions was the result of improved training and “greater understanding of victims”.

A Private Members’ Bill sponsored by MP Elfyn Llwyd and supported by criminal justice reform campaigner Harry Fletcher could end up making domestic abuse a criminal offence if the Bill receives enough support.

Duncan Lewis Domestic Violence Solicitors

Duncan Lewis is a leading firm of domestic violence solicitors and offers sympathetic and expert advice on domestic violence and a victim’s rights under the law.

Duncan Lewis domestic violence solicitors are also one of the UK’s leading providers of Legal Aid services – and our solicitors can advise on domestic violence under UK law and Islamic law.

For expert and confidential advice on domestic violence, contact the Duncan Lewis Domestic Violence Solicitors Helpline on 07920 077054.