Domestic Violence Act in UK Essay

Domestic can be defined in many ways but the simplest meaning is ‘involving the home or family’ whereas violence means an ‘act of aggression as one against a person who resist’. In addition, violence does not relate to relationship problem or issue but is social context of reflection of a man overruling woman. It happens to all walks of people in life despite of age, sex, race, assets and cartography. Notwithstanding, scoop by both male and female endure hurts during intimate relationship, domestic violence is greatly impact by both gender. Before the existence of the Acts and provision protecting the victim from the abuser many victims had suffer severe injury physically and mentally some had resulted death due to insufficient time to seek for help. Hence, in 1994 the United Kingdom the Children and Family Court Advisory and Support Service in its ‘Domestic Violence Policy’ applies to domestic vehemence in the limit of violent and abusive attitude. The civil remedies for these offences can be refereed to Domestic Violence and Matrimonial Proceeding Act 19761, Domestic Proceeding and Magistrate Court Act 19782, Part VI of Family Law Act 19963, Protection and Harassment Act 19974. Independent domestic violence counsellors assist victim and their children away from grievous harm from their spouses or family. There are a few organisation and agencies had achieved to get funds to support the victims of Independent Domestic Violence Advisers (DVAs) and Multi- agency Risk Assessment Conferences (MARAC) committee. To keep the interests of children at the centre of this research, the analysis was structured around the categories of rights set out under the United Nations Convention of the Rights of the Child (UNCRC)5 such as protection from abuse, fair treatment without discrimination, help in conquer emotion from abuse, stoppage of violence and involving in arrangement for children’s welfare. As time pass, in year 2004 the legislature had extend and amend the provision in Domestic Violence protection order (DVPO) under the scheme the authorities can allowed the victim to calm down and prevent them from harass of the spouses or family for 28 days as before there had been a lacuna due to the lack of evidence against the accused. The DVPOs were intended to solve implication gap in service by providing the victims shelter and counsel and other aids they need. With the implementation of these Acts the victims are able to receive protection and remedies from the right channel of people. The latest Bills and legislation was the Female Genital Mutilation (FGM) 6Act was present in 2003 and came into force in March 2004. The Act make prohibited to performing FGM in UK, prohibits girls from British national or permanent residence of the UK abroad o perform FGM whether legal or illegal in that country, prohibits aid, abet, counsel or procure the carrying out of FGM abroad and lastly sentence up to 14 years in jail ,or, a fine. According , to Lord Laming’s7 article and Eileen Munro’s analysis of protection against children were both found in spite of the differences8, as insufficient help are given to children who needs the essential care and help9. As children need’s will be ignored when most of the attention were placed on the adults disputes as a results what are the remedies were enforce to solved the children problem which brings great influenced in helping to grow in a positive environment and best method to help both abused children and parent. Protection to victims (married / unmarried) The sections in the Family Law Act 1996 10are made to protect victims and not abused them physically, sexually or psychologically against the victim. In addition, threaten in means of physically or mentally and sexually against the victim are protected under this section. The properties such as the orders dealing with who lives in the home, orders regards to their furniture, and other properties belonging of the victim are been protected from damage by any person and the section also spur on for victim to apply for such order in court for their safety. Non- molestation order In section 42 of the family law Act 1996 prohibits one (respondent) from molesting another person who is associated with the respondent include partners and former partners, family relations (including in-law), people who live(d) together, and, people who have children together. For instances forbids the abuser from threatening physical violence, intimidating, harassing, pestering. There is section requesting immediate protection against a child under s 44 of the Children Act 1989. This act may be made for a period of 6-12 months and an arrest can be made if the abuser breaches the order. The victim can however, a non-molestation order which is made in other family cases is terminated as the effect if those trials are withdrawn or dismissed. Occupation Order In section 33- 41 11governs the domicile of the victim and gives them the home rights such as restrain the rights to occupy or visit, force the abuser to move out of the house, avoid the abuser from coming into the house and a 100 meter protection length from the house. As this section can regulates for 6-12 months depending on the courts order. There is also an emergency order in this section which can apply within the last 1week. Magistrates Interpret Order Strictly and Reluctantly To Apply Ouster Clause In section 18 states the ground for magistrates court to give jurisdiction as according to the Domestic Proceeding and Magistrate Courts Act 197812, neglect or defection to be grounds on which a petitioner for financial provision order may take place. There won’t be any excuse for the judge to give jurisdiction out of the provision stated in the constitution. Appendices Financial Costs of Violence against Women Country or Region Total Cost Estimate Year Type of Violence Type of costs included New South Wales, Australia US $1 billiosn (A$1.5 billion) 1991 Domestic Violence Individual, government, employer and third party: health care, legal, criminal justice, social welfare, employment, childcare and housing. Canada US$2.75 billion (C$4.225 billion) 1995 Physical violence, sexual, rape, incest and child sexual Individual, government and third party: social services, education, criminal justice, labour and work, health and medical. Finland US$53.4 million (FIM296 million) 1998 Female victims of violence who sought help Direct costs incurred by health sector, social sector and criminal justice system. Netherlands US $80 million (NLG165.9 million) 1997 Domestic Violence Police and justice, medical, psychosocial care, labour and social security. New Zealand US$625 million to 2.5 billion (NZ $1.2-$5.3 billion) 1994 Family Violence Individual, government, third party and employer: medical care, social welfare and assistance, legal and criminal justice and employment. Switzerland US $290 million (Sfr.409 million) 1998 Physical and sexual abuse of women and children Police, civil justice, housing, refuge, social services and healthcare. United States US $5.8 billion 2003 Intimate partner violence Medical and mental health care, lost productivity and lost lifetime earnings. Source: UNIFEM (2003) Children and Domestic Violence Finding Source Method In 90% of domestic violence incidents children are present in the same or next room Hughes, 1992 A study of children living in shelters (refuges), USA 75% of mothers reported that that their children had directly witnessed domestic violence, 33% had seen their mothers beaten up and 10% had witnessed sexual violence NCH, 1994 A survey of women distributed via NCH Family Centres, UK In 25% of cases of domestic violence the male perpetrator has also been violent towards the children in the home NCH, 1994 A survey of women distributed via NCH Family Centres, UK 1 in 3 child protection cases also show a history of domestic violence in the home Hester and Pearson, 1998 Hester and Pearson, 1998 UK Data Finding Source Method 59% of young women and 27% of young men have experienced at least one sexually intrusive* incident before the age of 18 Kelly, Regan and Burton, 1991 Survey of 1,244 young people attending Further Education colleges, Britain 21% of young women and 7% of young men have experienced sexual abuse involving physical contact before the age of 18 Kelly, Regan and Burton, 1991 *includes ‘flashing’, being made to look at pornography etc. ** defined as acts ‘to which they had not consented or where â€Å"consensual† activity had occurred with someone 5 years or more older and the child was 12 years or less’. International Data individuals, USA Convicted male sex offenders reported an average of 533 offences and 336 victims each Abel, Mittleman and Becker, 1985 Self-reports of 411 convicted sex offenders, Canada 1 in 2 (49%) adolescent girls had been touched against their will Coker-Appiah & Cusack (1999) Ghana National Study on Violence 1998, survey of 2,069 women and girls suplemented by a five-year review of official records. International Data on Sexual Abuse   NOTE: prevalence and incidence findings vary widely according to the definition of sexual abuse that was applied in each study, the ages at which childhood is deemed to end (14/15/16/17/18), and the data collection methods employed. ï » ¿Domestic Violence Act in UK Essay Domestic can be defined in many ways but the simplest meaning is ‘involving the home or family’ whereas violence means an ‘act of aggression as one against a person who resist’. In addition, violence does not relate to relationship problem or issue but is social context of reflection of a man overruling woman. It happens to all walks of people in life despite of age, sex, race, assets and cartography. Notwithstanding, scoop by both male and female endure hurts during intimate relationship, domestic violence is greatly impact by both gender. Before the existence of the Acts and provision protecting the victim from the abuser many victims had suffer severe injury physically and mentally some had resulted death due to insufficient time to seek for help. Hence, in 1994 the United Kingdom the Children and Family Court Advisory and Support Service in its ‘Domestic Violence Policy’ applies to domestic vehemence in the limit of violent and abusive attitude. The civil remedies for these offences can be refereed to Domestic Violence and Matrimonial Proceeding Act 19761, Domestic Proceeding and Magistrate Court Act 19782, Part VI of Family Law Act 19963, Protection and Harassment Act 19974. Independent domestic violence counsellors assist victim and their children away from grievous harm from their spouses or family. There are a few organisation and agencies had achieved to get funds to support the victims of Independent Domestic Violence Advisers (DVAs) and Multi- agency Risk Assessment Conferences (MARAC) committee. To keep the interests of children at the centre of this research, the analysis was structured around the categories of rights set out under the United Nations Convention of the Rights of the Child (UNCRC)5 such as protection from abuse, fair treatment without discrimination, help in conquer emotion from abuse, stoppage of violence and involving in arrangement for children’s welfare. As time pass, in year 2004 the legislature had extend and amend the provision in Domestic Violence protection order (DVPO) under the scheme the authorities can allowed the victim to calm down and prevent them from harass of the spouses or family for 28 days as before there had been a lacuna due to the lack of evidence against the accused. The DVPOs were intended to solve implication gap in service by providing the victims shelter and counsel and other aids they need. With the implementation of these Acts the victims are able to receive protection and remedies from the right channel of people. The latest Bills and legislation was the Female Genital Mutilation (FGM) 6Act was present in 2003 and came into force in March 2004. The Act make prohibited to performing FGM in UK, prohibits girls from British national or permanent residence of the UK abroad o perform FGM whether legal or illegal in that country, prohibits aid, abet, counsel or procure the carrying out of FGM abroad and lastly sentence up to 14 years in jail ,or, a fine. According , to Lord Laming’s7 article and Eileen Munro’s analysis of protection against children were both found in spite of the differences8, as insufficient help are given to children who needs the essential care and help9. As children need’s will be ignored when most of the attention were placed on the adults disputes as a results what are the remedies were enforce to solved the children problem which brings great influenced in helping to grow in a positive environment and best method to help both abused children and parent. Protection to victims (married / unmarried) The sections in the Family Law Act 1996 10are made to protect victims and not abused them physically, sexually or psychologically against the victim. In addition, threaten in means of physically or mentally and sexually against the victim are protected under this section. The properties such as the orders dealing with who lives in the home, orders regards to their furniture, and other properties belonging of the victim are been protected from damage by any person and the section also spur on for victim to apply for such order in court for their safety. Non- molestation order In section 42 of the family law Act 1996 prohibits one (respondent) from molesting another person who is associated with the respondent include partners and former partners, family relations (including in-law), people who live(d) together, and, people who have children together. For instances forbids the abuser from threatening physical violence, intimidating, harassing, pestering. There is section requesting immediate protection against a child under s 44 of the Children Act 1989. This act may be made for a period of 6-12 months and an arrest can be made if the abuser breaches the order. The victim can however, a non-molestation order which is made in other family cases is terminated as the effect if those trials are withdrawn or dismissed. Occupation Order In section 33- 41 11governs the domicile of the victim and gives them the home rights such as restrain the rights to occupy or visit, force the abuser to move out of the house, avoid the abuser from coming into the house and a 100 meter protection length from the house. As this section can regulates for 6-12 months depending on the courts order. There is also an emergency order in this section which can apply within the last 1week. Magistrates Interpret Order Strictly and Reluctantly To Apply Ouster Clause In section 18 states the ground for magistrates court to give jurisdiction as according to the Domestic Proceeding and Magistrate Courts Act 197812, neglect or defection to be grounds on which a petitioner for financial provision order may take place. There won’t be any excuse for the judge to give jurisdiction out of the provision stated in the constitution. *includes ‘flashing’, being made to look at pornography etc. ** defined as acts ‘to which they had not consented or where â€Å"consensual† activity had occurred with someone 5 years or more older and the child was 12 years or less’. International Data Convicted male sex offenders reported an average of 533 offences and 336 victims each Abel, Mittleman and Becker, 1985 Self-reports of 411 convicted sex offenders, Canada 1 in 2 (49%) adolescent girls had been touched against their will Coker-Appiah & Cusack (1999) Ghana National Study on Violence 1998, survey of 2,069 women and girls suplemented by a five-year review of official records. International Data on Sexual Abuse NOTE: prevalence and incidence findings vary widely according to the definition of sexual abuse that was applied in each study, the ages at which childhood is deemed to end (14/15/16/17/18), and the data collection methods employed.