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Chapter

David Gadd

This chapter outlines the key definitional and aetiological issues surrounding domestic violence perpetration. It begins with international estimates of the prevalence of domestic violence, many of which confine themselves to assessments of the percentage of women worldwide who have ever been physically or sexually assaulted by a partner. The second section of the chapter reviews the British historical literature to show how Victorian concern with the protection of respectable women from ‘wife-beaters’ yielded to a medical-psychiatric discourse that blamed hysterical women for provoking men with quick tempers. It then outlines how twentieth-century feminist accounts reframed the problem of ‘wife-beating’ variously in terms of ‘domestic violence’, ‘domestic abuse’, ‘intimate partner violence’, ‘coercive control’, and ‘gender-based violence’ in efforts that exposed the roles of sexism, inadequate legal protection, and gender inequality in perpetuating a ‘continuum’ of abuse against women under patriarchy. The third part of the chapter appraises the critique of gender-based perspectives provided by: psychological studies, some of which point to ‘gender symmetry’ in the perpetration of domestic violence and some of which reveal personality differences between perpetrators and non-violent men; and sociological studies that expose how the intersections between gender and ethnicity, sexuality and age manifest themselves, both in incidents of domestic violence and in official reactions to them. The chapter concludes by pointing to the challenge of finding a common voice capable of capturing the collective experiences of those in need of protection from domestic violence as well as the need to find ways of responding to perpetrators whose attitudes, motives, backgrounds are not necessarily identical to each other. These challenges are rendered more acute when the law is revealed as unpredictable in its capacity to determine the culpability of the small minority of men who perpetrate grievous assaults on their partners.

Chapter

N V Lowe and G Douglas

This chapter deals with the legal responses to various forms of personal behaviour within the domestic sphere which may amount to physical or emotional abuse. It begins with discussions of the definition of domestic violence and abuse; the scale of domestic abuse; government strategy; and gender-based abuse as a breach of human rights. It then turns to the protection afforded by the criminal law; civil law remedies; and remedies through housing law. It concludes by considering whether the legal response to domestic violence should primarily be the use of the criminal law or through the civil law.

Book

Andrew Sanders, Richard Young, and Mandy Burton

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales, as well as thought-provoking insights into how it might be altered and improved. Tracing the procedures surrounding the apprehension, investigation, and trial of suspected offenders, this book is the ideal companion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including recent terrorism legislation and the Criminal Justice and Immigration Bill. Students are aided by the addition of a new Online Resource Centre that directs them to related cases and current events, successfully highlighting the importance and ever-changing nature of the subject. In this, the book's fourth edition: an experienced new co-author, Dr. Mandy Burton, joins the writing team; the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is informed by the authors' own specialist research into penalty notices for disorder and integrated domestic violence courts.

Chapter

Anna Carline and Roxanna Dehaghani

The chapter examines how, historically, domestic violence was considered to be a private matter that was none of the law's concern. While domestic violence is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. The chapter also explores some of the wider factors pertaining to the family justice system's response to domestic violence. It is important to recognise the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the extent to which victims of domestic violence may feel threatened during family law proceedings, particularly in cases involving the arrangements for children after separation.

Chapter

Benjamin Bowling, Robert Reiner, and James Sheptycki

This chapter examines fairness in policing with reference to issues of race and gender. It first defines the terms of debate—justice, fairness, discrimination—then considers individual, cultural, institutional, and structural theories and applies these to various aspects of policing. It considers the histories of police discrimination in relation to the policing of poverty, chattel slavery, racial segregation, colonialism, religious conflict, and ethnic minority communities, to understand their contemporary legacy. The chapter then examines spheres of police activity where allegations of unfairness and discrimination are particularly salient, including the response to women crime victims of rape and domestic violence, the use of ‘racial profiling’ in stop and search powers, and the use of deadly force. It examines the experiences of people from ethnic minorities, women, gay men, and lesbians within police forces. Through an exploration of the historical and contemporary literature, the chapter draws conclusions on whether or not the police act fairly in democratic societies.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on domestic violence and considers the civil and criminal law. The first question is a problem question concerning non-molestation orders under the Family Law Act 1996 and injunctions under the Protection from Harassment Act 1997. The second question is an essay focusing on occupation orders, whilst the third is a problem question on the criminal law.

Book

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable. and non-existent marriages; divorce and judicial separation; domestic violence; family property; financial relief and child support; parenthood and parental responsibility; children's rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.

Chapter

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter focuses on non-European Economic Area (EEA) nationals who wish to live permanently with family members who are settled in or are nationals of the UK. The first part of the chapter covers human rights, particularly Article 8 and its impact on family life. The second part of the chapter considers the immigration rules. The family members of those coming to work or study and of refugees are also briefly considered. It examines marriage-related applications, that is, applications to join a spouse, fiancé(e), civil, or long-term partner. It considers the rules relating to adult family members and children, the family life of those with limited leave, and refugees and asylum seekers.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. In real life a client is likely to require advice in relation to a number of family law issues and as a consequence, family law assessments sometimes require students to demonstrate knowledge and understanding of a variety of topics. This chapter contains five mixed problem questions that cover more than one area of family law: together they cover forced marriage; nullity; divorce; domestic violence; legal parenthood; child maintenance; private law relating to children; the resolution of family disputes; financial relief on divorce; and family property.

Chapter

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

Chapter

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.