The law relating to domestic violence is extensive and continues to develop as a result of political pressures to deal with abuse, particularly in relation to violence towards women and girls.
As well as the established offences of assault and harassment, we now have in English law wider-ranging charges such as “controlling and coercive behaviour” which enable the Court to evaluate the nature of a relationship in terms of behaviour which may of itself not constitute a criminal offence but when seen in the context of the relationship, amounts to abuse.
Additionally, the Magistrates’ Court has powers to deal with individuals even where a charge is not brought, using Domestic Violence Protection Orders (“DVPO”) which can be imposed after a person is arrested but released without charge.
These are to be replaced nationally by Domestic Abuse Protection Orders (“DAPO”) under the Domestic Abuse Act 2021. A key development is that a DAPO can last for as long as the Court sees fit – “until further order” - whereas a DVPO could only remain in force for a maximum of 28 days.
The making of an order itself is not the same thing as a conviction and does not require that an allegation is proved to the criminal standard but breaching the terms of a DAPO is an offence carrying up to 5 years’ imprisonment in the Crown Court.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.