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Domestic Violence Was One Of The Policy Areas That The Government Looked At ...


Domestic violence was one of the policy areas that the government looked at when it published its White Paper in 2002. That White Paper had an extremely wide ambit, covering the government's ambitious plans to reform the entire criminal justice system, but one area that was focused on was the goal of making changes to the legal system to help in the tackling of domestic violence. That White Paper was the genesis for what would become the Domestic Violence, Crime and Victims Act 2004.
While the strengthening of the criminal legal system afforded by the Domestic Violence, Crime and Victims Act 2004 (the Act) was welcomed in most sectors, some critics wondered whether this strengthening of the punishment aspect was at the expense of the protection of the sufferers.
The strengthening of the punishment aspect of the criminal regime occurs in several ways. The Act makes common assault an arrestable offence meaning that police attending a domestic violence incident in which an assault has taken place are able to arrest the perpetrator. The Act also amends the Family Law Act 1996 and makes it a criminal offence for a person to breach a non-molestation order. At the same time, non-molestation orders are made available to those couples that are not co-habiting but that;
"have or have had an intimate personal relationship with each other which is or was of significant duration."
This is clearly an important change which brings the law into step with current norms with respect to family structure.
The Act does introduce other much needed reforms which reflect current societal trends. For instance, the definition of cohabitants in the Family Law Act 1996 is expanded to now include same sex couples (Domestic Violence, Crime and Victims Act 2004 s.3).
It should be remembered that taking the view that harsher penalties will necessarily lower the incidence of domestic violence is not necessarily supported by the empirical data in that domestic violence is a crime of dependence and power, often heightened by substance abuse, and the penalties imposed would be far from the assailant's mind while the violence is occurring, and may even cause them to be additionally violent if they suspect that the target of their violence may intend to report them.
Another problem with relying too heavily on legislation is that the court system can be a slow, costly and intimidating process for many people. This is more so the case when one considers that those that need the protection of the law the most are the most vulnerable members of society who may fear the faceless nature of the legal system. Furthermore, by the time the law is called to act, it can often be too late for the sufferer of domestic violence.


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