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Domestic Violence: A Guide to Civil Remedies and Criminal Sanctions

NCJ Number
205513
Date Published
2004
Length
35 pages
Annotation
This paper explains the steps that victims of domestic violence in the United Kingdom can take to pursue civil action, as well as remedies available through the criminal courts.
Abstract
Civil remedies are specified in the following acts: Part IV of the Family Law Act 1996; the Protection From Harassment Act 1997; the Housing Act 1996; the Children Act 1989; and the Adoption and Children Act 2002. This guide explains the main civil remedy provisions for domestic violence under each act and provides guidelines for pursuing a specific course of action under the act. Among the civil remedies available are occupation orders, which regulate the occupation of the home shared by the couple and their children so as to protect any party or children from domestic violence; non-molestation orders, which can be used to restrain someone from causing or threatening violence to the applicant or to any children, or from molesting them; damages for injuries and harassment offenses; and the removal of an abuser from the home. There is no specific offense of "domestic violence" under criminal law. The criminal charge, therefore, must reflect the particular circumstances of the abuse or violence. This means that many offenses may apply to violence in a domestic context, including common assault or actual/grievous bodily harm; the offense of attempting to choke, strangle or suffocate the victim; false imprisonment or harassment; damaging or destroying property; enforced sexual activity; or murder or manslaughter in the case of violence that results in death. 24 references, a glossary, and appended chart of special measures for vulnerable or intimidated witnesses