1 Domestic violence information

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2.3 Key pieces of legislation Domestic Violence Crime and Victims Act (2004) • Section 1: amends the Family Law Act 1996 to make breach of a non-molestation order a criminal offence, punishable by up to five years of imprisonment • Section 3: definition of ‘cohabitants’ to include same sex couples and extends provisions to include non-cohabiting couples [not enacted – but enacted under the Civil Partnerships Act (2005)] • Section 4: makes couples who have never cohabited or been married eligible for non-molestation and occupation orders, under the Family Law Act 1996 • Section 5: creates a new offence of causing or allowing the death of a child or vulnerable adult. This establishes criminal responsibility for members of a household where they know a child or vulnerable adult is at significant risk of serious harm • Section 9: establishes domestic violence murder reviews [not enacted] • Section 10: common assault is an arrestable offence [not enacted – but common assault is arrestable under the Serious Organised Crime and Police Act (2005)] • Section 11: allows a court to make a restraining order when the defendant has been acquitted of the offence • Section 12: will enable courts to impose a restraining order when sentencing for any offence, on conviction and also on acquittal Sexual Offences Act 2003 Overhaul of the previous law on sexual offences. There is now a: • New definition of rape which now includes oral penetration • New offence of sexual assault. This replaces indecent assault • New offences of assault by penetration and causing a person to engage in sexual activity • New definition of consent. The onus is now on the perpetrator to show that he took steps to find out that the victim was consenting Protection from Harassment Act (1997) This can be used to stop an abuser from behaving in ways that aren’t actually criminal offences (e.g. uninvited visits) yet which are still distressing and intimidating. To use this, there needs to have been two or more incidents and survivors need to inform the police of the perpetrator’s harassing behaviour and the police will need to issue them with a formal caution. 14 If they continue to harass the survivor after this, the perpetrator can be arrested and could face up to five years in prison. Unusually, the Act contains both civil and criminal remedies for those experiencing harassment from another person and created two new offences of causing harassment and causing fear of violence. The criminal court can make a restraining order on conviction. Children Act (1989) (2004) and the Adoption & Children Act (2002) See pg 196-198. Rights of Women www.rightsofwomen.org.uk can give more advice and information about the civil and criminal law and can be contacted on 020 7251 6577. The website also gives more in depth information regarding the law and details of training courses on domestic violence and the law. 112 © Stella Project Section 3 - Domestic Violence © Stella Project Section 3 - Domestic Violence 113
3. Working with drug & alcohol users experiencing domestic violence Working with domestic violence survivors requires a great deal of patience and reassurance. Be prepared to spend time with them discussing their options and emotions. This section outlines the best ways to raise the issue of domestic violence and how you can offer support to survivors of domestic violence. Page 3.1 Important things to remember 115 3.2 If a survivor approaches you for help 115 3.3 Asking about domestic violence – survivor/victim 120 3.4 Documentation for client files 125 3.5 Responding to domestic violence – survivor/victim 126 3.6 Risk assessment and management 127 3.6.1 Assessing risk 127 3.6.2 Multi-Agency Risk Assessment Conferences (MARACs) 130 3.6.3 Information sharing 133 3.6.4 Safety planning with survivors and children 133 3.1 Important things to remember: • Confidentiality and security are crucial • Be alert to the possibility of domestic violence. Most survivors do not ‘fit’ the stereotype of a ‘battered wife’ • The experience of violence within a relationship is often complicated by feelings of love towards the perpetrator and hope that they will change their behaviour. This means that there are very rarely simple solutions • You will only ever get a ‘snap shot’ of the relationship not the whole picture. Survivors may minimise the levels of violence they are experiencing so it may appear to you as if their fear is exaggerated. Underestimating the level of danger present is a common coping mechanism used by survivors. The relationship is not static which means that the survivor’s attitude to themselves, the abuse and the abuser will change over time • Dealing with abuse is a process and most survivors will try a variety of coping strategies to deal with it. Drug or alcohol use is a coping mechanism some will use 3.2 If a survivor approaches you for help, remember: • The following issues must underpin your work on this issue: • confidentiality • security • giving them choices • non-judgemental attitude 114 © Stella Project Section 3 - Domestic Violence • The survivor is not a problem, they have a problem • Be open and approachable and trustworthy • When they tell you, tell them you believe them, take them seriously, stress you do not see it as their fault and that you appreciate how difficult it can be to talk about it © Stella Project Section 3 - Domestic Violence 115
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Page 29 and 30: • Ask him what effects his violen
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