New Amended Directions In The Legislation In Court.
Practice Direction 12J,
Family Procedural Rule 3A,
Family Procedural Rule 3AA,
Section 91(14), Of The Children Act 1989,
Facing Your Ex-Partner In Court.
My own personal opinion on Domestic Violence.
My views and theories are ....
If you are a victim of domestic violence then i would like to tell you from my experiences of helping many thousands of families over the years, that either, they will remove the children from the parent who is the victim and the more loving, nuturing parent by far and placing them in the care of the abusive parent who will usually get full custody, now if the profile fits correctly they would have been just as abusive towards the children during the relationship as the victim was, just as domineering, controlling and narcissistic, and without you around to suffer the abuse or to protect the children the abuser will take their anger and frustration out on the children instead they will get the full brunt of abuse and replace you in your absence, either that or the other option is your children will end up in the care system under the Local Authority.
I CAN ONLY THINK OF ONE LOGICAL ANSWER FOR THIS, THEY KNOW THE ABUSIVE PARENT WILL FAIL, THEN IN TURN THEY KNOW EVENTUALLY THEY CAN REMOVE YOUR CHILDREN FAR EASIER IN THE LONG RUN IF THEY ARE PLACE WITH THE ABUSIVE PARENT. THEY DO NOT CARE LESS IF THE CHILDREN WILL SUFFER ABUSE OR NOT OR THAT THEY BECOME THE NEXT VICTIM. IN MY OPINION THIS IS NOT ONLY FAILING TO PROTECT THE CHILDREN BUT NOTHING LESS THAN A COLD CALCULATED PRE-MEDITATED CRIMINAL OFFENCE NOT TO MENTION AIDING AND A BETTING A CRIME. THEY KNOW THEY ARE ABOVE THE LAW AND THAT THEY WILL NOT BE HELD ACCOUNTABLE OR RESPONSIBLE FOR ANY HARM THE CHILDREN WILL INEVITABLY SUFFER AND WHY? BECAUSE IF THEY WERE EVER QUESTIONED THERE EXCUSE WILL BE THEY DID IT FOR THE BEST INTERESTS OF THE CHILDREN, THAT THEY DID NOT KNOW THAT THE CHILDREN WOULD BE AT RISK OF ANY HARM OR DANGER. THEY WILL ALSO SAY THEY CANNOT BE HELD RESPONSIBLE BECAUSE THEY CANNOT PREDICT THE FUTURE OR WHAT IS GOING TO HAPPEN. YET THEY CAN PREDICT THE FUTURE WHEN IT COMES DOWN TO DECENT LOVING PARENTS BEING ACCUSED OF RISK OF FUTURE EMOTIONAL HARM WITHOUT ANY SUPPORTING EVIDENCE OF THIS AT ALL, USING ONLY THE WEIGHT OF BALANCE OF PROBABILITY THAT A PARENT COULD OR MIGHT CAUSE EMOTIONAL HARM. YET THEY STILL PLACE CHILDREN WITH ABUSERS WHEN THERE IS SUPPORTING EVIDENCE THAT A CHILD IS ACTUALLY GOING TO SUFFER PHYSICAL AND EMOTIONAL HARM WITHOUT ANY SHADOW OF A DOUBT AND WHEN THEY KNOW WHAT IS GOING TO HAPPEN TO THEM.
ANYBODY KNOWINGLY CAUSING OR ARE GOING TO CAUSE, ANY CHILDREN, ANY KIND OF HARM OR NEGLECT WHETHER IT BE PHYSICAL, SEXUAL OR EMOTIONAL SHOULD ALL BE HELD ACCOUNTABLE FOR A PRE-MEDITATED CRIMINAL OFFENCE, WHETHER THEY ARE THE ABUSER OR AN ACCESSORY TO A CRIME OR THEY CONSPIRE TO COMMIT A CRIME/FELONY OF CHILD ABUSE BY PLACING CHILDREN WITH A KNOWN ABUSER, KNOWING THAT THE CHILDREN WILL BE ABUSED IF THEY ARE PLACED IN THAT PERSONS CARE IT MAKES THEM ALL EQUALLY ACCOUNTABLE OF A CRIMINAL OFFENCE AND AS SUCH THEY SHOULD ALL BE MADE TO STAND TRIAL WITHIN THE CRIMINAL COURTS FOR THEIR CRIMES AND MADE TO BE ANSWERABLE TO A JUDGE AND A JURY JUST LIKE EVERYONE ELSE IN THIS COUNTRY.
Domestic violence and abuse can happen at all levels of society and in all relationships. It usually happens behind closed doors when nobody else is around.
There are normally a large number of incidents before an abused party seeks help, either because of embarrassment, fear of the abuser, lack of knowledge, the fact that the abused person still cares for the abuser, fear they will not be believed or of being alone, or a combination of all or any of these.
Research dating back to the 1990's and beyond has shown that while a single incident of violence may be a one-off, as soon as there is more than one incident there is a pattern which will keep repeating itself. The violence is also likely to escalate over time, with there being a large number of relationships which have ended with the death of one of the parties.
The police used not to take domestic violence seriously, based upon a perception that the victim would usually withdraw the complaint before it came to court. Nowadays, they accept it needs to be society, not the individual, who is necessarily telling the abuser their conduct is not acceptable. This has led to an increase in prosecutions of abusive partners for assault. However, when the police do not take control, you will need to obtain an injunction to protect you.
What is Claire's Law ? ...
Clare's law - domestic violence disclosure
Clare’s Law, nationally known as the Domestic Violence Disclosure Scheme, is named after Clare Wood who was murdered in 2009 by her ex-boyfriend who had a history of violence against men.
The disclosure scheme allows you to ask the police about the information they hold on a person in relation to domestic abuse offences and convictions.
Disclosures provide you with the information we hold on an individual in relation to domestic abuse.
If their checks show that the individual has a record of violent behaviour, or there is other information to indicate someone may be at risk of harm, they will consider sharing this information with you.
Domestic abuse or violence disclosure guidance
Disclosures will only be given to the person best placed to protect the potential victim and who needs to know the details in order to keep them safe. For example, if you are a third party applicant who is worried about the safety of someone else, you may not necessarily be the best person to receive the information.
Police officers always aim to maintain the confidentiality of the applicant and they carefully plan all disclosures to minimise the risk of harm to those concerned. If you receive a disclosure, it should also be treated as confidential.
Please consider the fact that disclosure information is only being given to you so that you can protect yourself, or someone you know. For safety purposes, they ask you not to share the information unless you have been in contact with an officer and they have agreed.
You can use disclosures to ...
keep yourself safe.
keep children and those involved safe.
Ask what support is available.
Ask for advice on how to keep yourself safe.
Apply for domestic disclosure information.
Domestic abuse or violence disclosure applications can be made by calling 101, visiting your local police station or by speaking to one of their officers on the street.
You can apply for information about your own partner or as a third party if you are concerned about the safety of someone you know.
Please be aware that if you are a third party applicant, you should have some form of relationship with the potential victim such as sibling, parent, friend, work colleague or neighbour. You must be able to provide details of the person who is potentially at risk of harm and the person who is thought to cause the risk.
Domestic disclosure application process
Once you have applied for disclosure information, they will carry out relevant checks as soon as they can. An officer will be assigned to your disclosure application and a visit will be arranged. This will include a face-to-face interview to verify your identification and gather further details.
Their aim is to complete all disclosure requests within 35 days but timescales do vary between applications. However, if we receive information which suggests someone is in immediate danger of domestic abuse or violence, appropriate action will be taken.
They may also meet with other safeguarding agencies such as the Probation Service, Prison Service or local council social services to discuss the information you have provided to see whether they have any other related information. This multi-agency meeting will decide whether providing a domestic violence disclosure is lawful, necessary and proportionate.
Restrictive Orders Explained ...
Where you are subjected to domestic abuse and/or violence or cruelty by your partner or spouse, you can apply to the Court for protection. A Restrictive Order is a court order intended to protect you from.
Further harm from someone who has hurt you
To keep an abuser away from you
To stop them harassing you
To stop them using controlling, coercive or threatening behaviour towards you
To keep the abuser from the places where you live and work or other specified areas, sometimes called exclusion zones.
They may take the form of Non-Molestation orders, Occupation Orders or Harassment Injunctions. If you are being subjected to violence, abuse or harrassment from anyone, you can quickly have an Order put in place to protect you and your family.
A non-molestation order is
Harassment Injunctions Explained ...
What is Harassment?
Harassment is when someone, or a number of people behave in a way which makes you feel distressed, alarmed, humiliated or threatened.
For the harassment to become a crime, it must have happened on at least two occasions. It could be by someone you know, like a neighbour or people from you local area, or it could be a stranger - for example, someone using social media.
Examples of harassment include...
Unwanted phone calls, letters, emails or visits.
Verbal abuse and threats.
Smashing windows or using dogs to frighten you.
The Protection from Harassment Act 1997 has purposely not fully defined the term “Harassment” so as to allow the courts discretion to decide whether a case is harassment or not. The courts will look at whether most people or a “reasonable” person would think the behaviour amounts to harassment.
This area of law is comparatively recent and case law is resetting the boundaries all the time.
Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts to prevent them from doing it again in the future.
What action can you take?
If you believe you’re being harassed and you would like it to stop, there are two main things you can do, depending on the level of harassment and how it is making you feel.
Contact the police - If you’re being harassed and you feel you're in danger you should contact the police. If you think you’re being harassed because of your disability, race, religion, transgender identity or sexual orientation, you can report the harassment to the police as a hate incident or crime.
Find your local police station at www.police.uk.
They will then investigate and decide whether to start a criminal case against the abuser.
When can you take civil court action about harassment?
If you’ve been the victim of harassment you can take action in the civil courts against the person harassing you, as long as it is within six years of when the harassment happened. Even if the person harassing you has not been found guilty of an offence in the criminal courts, you can still take civil court action to prevent the harassment taking place in the future.
What can the civil court do about harassment?The court can make an order or injunction - this means the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.The court can award compensation - if you’ve suffered financial or emotional loss due to the harassment
What if a Harassment Injunction is broken?
It is a criminal offence to break a harassment injunction and if found guilty it carries a maximum prison term of up to a five year.