It may occur in all types of relationships, including same sex relationships.
Children may also experience domestic violence and abuse, or, if they are older, be domestically violent and abusive.
Children tend to copy the behaviour of their parents.
Boys learn from their fathers to be violent to women.
The prosecution by police – remove pressures from victim to report In practice – instead of prosecuting, the police would usually give informal warning o May leave victims worse off Autonomy of victim undermined o Victims no longer able to choose o Hence, may backfire – people may become even more unwilling to report about domestic violence o Out of fear / unwilling to see loved ones to be prosecuted Ever since offence has been created, there is a drop in no.
Essays On Domestic Violence Uk
of molestation orders made But is unclear whether this is an underlying reason Family court is a closed court with a sense of privacy and anonymity – shameful if prosecuted in criminal court Furthermore FLA, S.60 – in brought in force So, third party cannot apply on behalf of the victim The applicant must apply personally But court has an inherent jurisdiction to grant an order when deem necessary A Local Authority v DL (2010) a.They may get nightmares, flashbacks, become very jumpy, and have headaches and physical pains.Children dealing with domestic violence and abuse often do badly at school.They may find it difficult to sleep, have temper tantrums and start to behave as if they are much younger than they are.They may also find it difficult to separate from their abused parent when they start nursery or school. Boys seem to express their distress much more outwardly, for example by becoming aggressive and disobedient.Girls are more likely to keep their distress inside.They may become withdrawn from other people, and become anxious or depressed. Furthermore, there are several tests to be applied o “balance of harm” test S.33(7) court must make an order if it appears to the court that the applicant or any relevant child is likely to suffer siginificant harm ATTRIBUTABLE to the conduct of the respondent if an order is NOT made. The significant test is applied very narrowly by the courts The test would not apply if the Resp/ any relevant child is likely to suffer significant harm if the order is made or If the harm suffered by the Resp/child is AS GREAT AS, OR GREATER THAN, the harm likely to be suffered by the applicant child if the order is NOT amde o B v B Wife applied OO after leaving home with daughter – leaving the son with Husband Failed the ‘balance of harm’ test Although W and D would suffer “significant harm” if the OO were not granted, but the H and S would suffer even greater harm S would have to leave home as well as school Criticised: Fails to place weight on who is the abuser Father (abuser) was allowed to stay – occupation order declined – because his son’s education may be disrupted The courts construed this as significant harm o Counterargument Welfare of child outweighs The significant harm must be attributable to the Resp Re L (Children) where couple were quarreling – proven that the arguments would have an adverse effect to the children in applying for an OO, the mother failed the balance of harm test – as the harm was not solely attributable to the conduct of the husband o she played a part in the quarrels too Counter: the court’s approach can be justified Significant harm test is balanced with the protection of proprietary rights Justification? S.33 is distinguished from other categories o Justified because it is only reasonable to be able to enforce a current right if there it passes the balance of harm test (ie: to see whether the party suffers significant harm) Cohabitants v CP and married o Not justified o Because it reflects a general lack of protection offered to cohabitants – outdated in light of current development of the law o Eg: LC 2007, Cohabitant Bill 2008/ No definition in the statute But LC gave a wide definition Courts are to consider all circumstances So this means that it depends on the exercise of judicial discretion Most effective way of protecting one from domestic abuse Esp when no case would have the same facts Problem of uncertainty prone to abuse by applicants But courts would not grant an order if it holds that the application was intended to be abused Chechi v Bashier Where other party need not be notified of the proceedings Offers more protection But only applicable in emergency – where an immediate protection for the victim is required Any delay in serving papers on the R and giving him time to reply may endanger the applicant May arguably infringe on the rights of the other party Unable to defend himself May infringe Art.6, the right to fair trial – because not present to defend himself But this could be justified – there are safeguards in place FLA 1996, S.45(3) o An ex parte hearing should be followed by an inter partes hearing, at which both parties will be able to put forward their arguments Ex parte court order is only effective once it has been served on the Resp. Sends a clear message that domestic violence is clearly not acceptable Not merely punitive – but have community sentences o Rehabilitates domestic abusers o The law is not focused on being punitive – but is focused on preventing domestic violence - by treating the underlying problems b.People often think that alcohol and mental illness can cause person to be violent.Alcohol does not cause domestic violence and abuse, but there is evidence that where domestic violence and abuse exists, alcohol is often present. Children of any age are affected by domestic violence and abuse.