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Law for domestic violence cases change
7/07/2007

More cases of domestic violence may go unreported because of changes in the law from next month, according to family law experts.

From July 1st, anyone breaching injunctions aimed at preventing all forms of violence and abuse could be sent to prison as a result.

The amendments are being made because critics argue the current system doesn`t have enough bite. Individuals currently breaking the restrictions ñ which are also known as ënon-molestation order`s ñ usually avoid additional penalties.

But experts are suggesting that victims of abuse will now be less inclined to make a formal complaint in order to avoid their partners getting a criminal record and possibly losing their career.

Katie McCann, a family solicitor with leading law firm Brabners Chaffe Street, said there was a need for authorities to use their discretion. `Victims of domestic violence are often torn between wanting protection and an emotional attachment to the person who`s abusing them.

`Such offences occur right across the social spectrum, often involving wealthy or professional men and women. Automatic imprisonment might be counterproductive because victims might prefer to keep quiet so that their husband, wife or partner isn`t jailed and doesn`t lose their career.î

The amendments form part of the Domestic Violence Crime and Victim`s Act 2004 which come into force on 1st July. Ministers claim the new provisions not only beef up the enforcement of injunctions but extends restrictions to same-sex couples and relatives of the abuser or victim of abuse.

The changes followed pressure on the Home Office to do more to tackle the issue of domestic violence. According to the most recent British Crime Survey, domestic abuse accounts for almost a third (31%) of violence against women and five per cent of incidents in which men were the victims.

The Home Office has committed £14 million to tackling the issue, including the development of a Domestic Violence Action Plan which contains proposals to further improve victim support and bring more perpetrators to justice.

Ms McCann added: `Everyone applauds the willingness of the authorities to do something about the problem of domestic violence. The statistics relating to its frequency are horrific.

`However, all of the experts we deal with are convinced that those numbers do not necessarily present the full picture. We believe that toughening up penalties for abusers for offences in which emotions play so great a part could well mean an even greater degree of under-reporting.

`We have seen a particular reluctance on the part of wealthy and professional women to come forward because of the social stigma and embarrassment attached to domestic abuse, the feeling that ëthis shouldn`t be happening to me`. Sadly, that may well be increased by the possible consequences of the new law change.î


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