Family Violence and Coercion Flashcards
(27 cards)
This section covers a variety of offences that can occur when members of a family or social group seek to maintain control over other members of the group.
These include:
Domestic Abuse
‘Honour’ based violence
Female genital mutilation
Forced marriages
There is currently no legal definition of domestic violence and abuse.
The Home Office (2013a) proposes the following definition:
Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:
- psychological
- physical
- sexual
- financial
- emotional
A new offence of controlling and coercive behaviour in an intimate or family relationship was introduced by the Serious Crime Act 2015.
The offence is designed to do what…
Address patterns of non-violent abuse, which had proved difficult to prosecute under other legislation.
The repetitive nature of the behaviour and its cumulative effect on the victim did no always meet the criteria for common assault or stalking and harassment offences
A Domestic Violence Disclosure Scheme (‘Clare’s Law’) was introduced in 2014.
This allows what?
An individual to find out whether his/her partner has a history of violence.
Members of the public have a right to ask and a right to know.
The Family Law Act 1996 (FLA) provides opportunities under civil law to counter…
domestic violence and abuse.
It was modified by the Domestic Violence, Crime and Victims Act 2004 and provides the basis for most of the provisions covered here.
A non-molestation order requires a person to…
Refrain from molesting another named person.
Applicant could be a spouse, ex-spouse, civil partner, or a current/ former cohabitant.
Under what legislation is it an offence to breach a non-molestation order?
Under s 42A of the FLA
It is an offence to breach a non-molestation order without reasonable excuse (the person must know it exists).
If the CPS fails to act, the victim may be able to use contempt of court proceedings.
Offence is triable either way and the penalty is a fine or a max 5 years imprisonment.
An occupation order allows…
An order, tenant, spouse or a civil partner to seek to removal of one occupant from his/her home (s 33 of the FLA), and the recipient will be forbidden from entering the property (s 33(3)).
A breach is a civil offence, but there is an associated power of arrest uder (s 47(1)).
What are Domestic Violence Protection Orders (DVPOs) and Domestic Violence Protection Notices (DVPNs)?
Introduced to the UK in 2014 to give victims more time to decide whether to leave the abuser of apply for a non-molestation or occupation order.
What are Domestic Violence Protection Notices (DVPNs)?
Imposed by the police in the immediate aftermath of a domestic violence incident, and prevents the abuser from having contact with the victim or returning to the victim’s home for up to 48 hours.
During this period an application needs to be made to a magistrates court for a DVPO, a civil order under which there will be a further no contact period (14-28 days).
What are Prohibited Steps Orders (PSO)?
Used to prevent a suspect removing a child from the applicant (s 8 of the Children Act 1989).
Doesn’t necessarily prevent contact, just certain activities (e.g go abroad/ out of local area).
A PSO is a civil contempt of court, there is no associated power of arrest.
What can the National Centre for Domestic Violence (NCDV) provide?
Help victims apply for emergency injunctions.
It offers a third party injunction referral system and provides a secure online ASSIST programme. This provides police police officers with access to court papers related to non-molestation and occupation orders.
What does the app Bright Sky do?
Helps victims of domestic abuse and those who come into contact with them.
Provides information for victims about nearby services, + a dedicated system for recording particular incidents of abuse (by text, images or video), ready to be shared with police.
Attending a domestic violence crime scene
Safety first- take victim to place of safety and assess risk.
Build rapport and provide reassurance.
Preserve relevant evidence
Record everything said.
If entry is refused to a domestic violence crime scene
May be due to coercion from attacker.
Should the suspect deny entry, officer should ask to speak to other members of household.
If entry refused, officers may have ground to use the power of entry under s 17 of the PACE ACT 1984.
If this power is used a full PNB record must be made, including the reason. Arrest for breach of peace may also be considered.
If suspect has left the scence, description should be confirmed and circulated.
Domestic Violence Checklist
- Upon Arrival at scene
Determine location and condition of victim
Determine if suspect is still at scene
Check well being, physical condition of all parties
Determine what, if any, criminal offense has occurred
Determine if any weapon was involved
Summon First Aid if injuries require
Domestic Violence Checklist
- Preliminary Investigation
Interview victim & suspect separately
Ask victim if there is history of abuse
If children at scene, interview them separately
Distinguish primary aggressor from victim, if both injured
Note & document emotional & physical condition of parties involved
Note demeanor of suspect
Note torn clothing by both parties
If victim is a woman, note smeared makeup
Note signs of injury on victim
Note any excited utterances by any parties present
Note any evidence of substance/chemical abuse
Advise victim of domestic violence rights
Assist victim in completing victim notification form
Advise victim of available resources
Assist victim in obtaining temporary domestic violence restraining order
Domestic Violence Checklist
Evidence
Record condition of crime scene
Photograph damaged property
Photograph crime scene
Identify weapons//firearms
Photograph and diagram injuries of
- victim
- suspect
Obtain statements of
- victim
- children
- witnesses
Police have a duty of positive action when it comes to domestic abuse incidents. This often means arresting the suspect, but this is not always possible or the best solution. Alternatives are…
Remove suspect from location to prevent breach of peace and issuing a DVPN, or other civil order.
Safety and support for the victim
The following points should be explained to the victim…
- the reason for the method of disposal
- how to access support services provided
- that the incident will be recorded on police IT systems; and
- that the information and evidence from the current incident could be used to support the prosecutions.
- offered oppurtunity to make a Victim Personal Statement.
Honour-based crime can include what?
Domestic or sexual abuse, forced marriage, or female genital mutilation.
It involves attempts to maintain control in the family or social group to protect certain conceptions of honour and will often involve violence.
The perpetrators believe the victim has put shame to the family/ community.
Forcing a person to marry is a criminal offence under what legislation?
Penalty?
s 121 of the Anti-Social Behaviour, Crime and Policing Act 2014
Maximum custodial penalty is 12 months if tried summarily and 7 years on indictment.
What can forcing a person to marry involve?
Victim can be physically, emotionally, or psychologically pressured to marry by means of threats, physical or sexual violence or other forms of coercion at the victim or a third person.
If the victim lacks the capacity to consent under the Mental Capacity Act 2005, any type of conduct can amount to an offence.
A forced marriage should be distinguished from an arranged marriage, which is…
A legal practice in which a third party arranges for two consenting people to marry.
