18/05/18

Domestic Abuse | Proposed Reforms| Kangs Criminal Defence Solicitors

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Further to previous articles concerning Domestic Abuse, Nazaqat Maqsoom of Kangs Solicitors considers government proposals outlined in the draft Domestic Abuse Bill.

Proposed New Definition | Kangs Domestic Offence Solicitors

Subject to consultation, the proposed statutory definition for domestic abuse is in line with the non-statutory definition but makes provision for economic abuse, rather than simply financial abuse, and is as follows:

Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexual orientation. The abuse can encompass, but is not limited to:

  • Psychological 
  • Physical 
  • Sexual        
  • Economic
  • Emotional

Controlling Behaviour

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive Behaviour

Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten the victim.

Economic Abuse

Economic abuse covers circumstances in which the victim may have been denied access to basic resources such as clothing, food and transportation and may have been forced into taking out loans or forced to enter into other financial contracts.

The Proposals | Kangs Domestic Abuse Advisory Solicitors

  • The new statutory definition
  • Domestic Abuse Protection Notices – to be issued by the police as a warning and short term protection.
  • Domestic Abuse Protection Orders (DAPO) issued by Criminal, Family and Civil courts upon application by the victim, the police or someone on behalf of the victim.
  • A DAPO could impose preventative measures such as geographical and consumption of alcohol restraints, or enforce positive requirements such as attendance at alcohol or drugs treatment programmes
  • Electronic monitoring and notification requirements would be available.
  • Any breach may constitute a criminal offence.
  • These new Orders would apply to a wider range of circumstances than currently where there must have existed violence or a threat of violence.
  • The courts will be able to impose tougher sentences.

How Can We Help You? | Kangs Domestic Offence Team

If you become involved in any of the matters outlined, it is important that expert legal advice is sought from the outset and that you have the support and guidance of an experienced legal team.

Who Should I Contact? | Kangs Criminal Defence Solicitors

At Kangs we have an experienced team defending clients in all aspects of criminal law on a daily basis.

Please do not hesitate to contact our team through any of the following who will be happy to discuss your case with you:

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

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