Domestic Abuse Flashcards
Oxford Dictionary Definition
‘Violent or aggressive behaviour within the home, typically involving the violent abuse of a spouse or partner’
Government Definition in effect from 2013
‘Any incident or pattern of incidents of controlling, coercive or threatening behaviour or abuse between those aged 16 or over who are or have been intimate partners or family members regardless or gender or sexuality. This can encompass, but it is not limited to, the following types of abuse: psychological, physical, sexual, financial and emotional
Different types of Domestic Abuse
-Physical
-Emotional
-Psychological
-Financial and economic
-Verbal
Physical Abuse Women’s aid
‘Physcial abuse is the most visible form of domestic abuse. It includes such behaviour as slapping, burning, beating, kicking, biting, stabbing and can lead to permanent injuries and sometimes death.
-Estimated that 2 women a week are killed by a partner or former partner.
Emotional Abuse examples
-Intimidation and threats
-Criticism
-Undermining
-Being made to feel guilty (e.g. emotional blackmail)
-Ignoring boundaries
-Manipulation
Financial and Economic abuse - Women’s aid
‘Financial abuse involved a perpetrator using or missing money which limits and controls their partner’s current and future actions and thier freedom of choice. It can include using credit cards without permission, putting contractual obligations in their partner’s name and gambling with family assets.’
-Victims can end up with no money, no access to bank accounts and debts they are unable to re-pay.
Psychological Abuse {Safe Lives)
‘Psychological abuse involves the regular and deliberate use of a range of words and non-physical actions used with the purpose to manipulate, hurt, weaken or frighten a person mentally and emotionally; and/or distort, confuse or influence a person’s thoughts and actions within their everyday lives, changing their sense of self and harming their well-being’
Verbal Abuse
Name-calling
Condescension
Blame
Threats
Demeaning comments
Criticism
Manipulation
Withholding/silent treatment
Accusations
Gaslighting
Circular arguments
(One Love Foundation)
Who are the victims?
-Anyone, anywhere.
-Male/female (but mostly female – 74.1% ONS, March 2022). Estimated that 1.7m women and 699,000 men.
-Heterosexual/homosexual/transgender.
-Class, ethnicity, race, religion, age, disability, etc.
-Children through witnessing it. Re L (Contact: Domestic Violence); Re V; Re M; Re H [2000] FLR 334
Causes of DA
-Power imbalance in a relationship.
-Learned behaviour from family/culture.
-Lack of education and/or low-socio-economic status.
-Low self-esteem.
-Emotional dysregulation – difficulty in regulating anger.
-Drug and/or alcohol abuse.
Family Law Act 1996
-Part IV Family Homes and Domestic Violence, ss30-63
-Occupation orders – ss33-38 – excludes a person from the home or to stay in certain parts of the home.
-Non-molestation orders – s42 and s42A – prevents someone from being violent, threatening violence, harassing or intimidating you (e.g. abuser must not contact you, call you by telephone, social media, etc).
-If a person is ‘associated’ to the abuser, e.g. married, engaged, civil partnership, are or were living together, have ever lived in the same household (e.g. flat share) are relatives, have a child together, were in an intimate personal relationship of significant duration.
-Shorter relationships might be covered instead by the Protection from Harassment Act 1997 – offence of harassment under s2.
Domestic Violence, Crime and Victims Act 2004
S5 created an offence of causing or allowing the death of a child or vulnerable adult. This applies where members of household had frequent contact with the victim and failed to take reasonable steps to the victim.
Serious Crime Act 2015, S.76
Controlling or coercive behaviour in an intimate or family relationship. A commits an offence if:
(a) A Repeatedly or continually engages in behaviour towards B that is controlling or coercive
(b) at the time of the behaviour, A and B are personally connected
(c) A knows or ought to know that the behaviour will have a serious effect on B
A and B will be regarded as ‘personally connected’ if (a) A is an in intimate relationship with B; (b) A and B live together (must be either members of the same family or in or previously in an intimate relationship).
F v M [2021] EWFC 4
The case concerned two separate families – two sets of facts were considered together.
‘The overall approach to the assessment of evidence here is the same as in any other case. What requires to be factored into the process is the recognition of the insidious scope and manner of this particular type of domestic abuse.’
‘Key to assessing abuse in the context of coercive control is recognising that the significance of individual acts may only be understood properly within the context of the wider behaviour.’
Domestic Abuse Act 2021 - S.1-
S1 states that domestic abuse is when:
(a) A and B are over 16 and are personally connected to each other;
(b) the behaviour is abusive.
S1(3) defines abusive behaviour if it consists of: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, psychological, emotional or other abuse.
S1(4) Economic abuse is behaviour which has a substantial effect on a person’s ability to: s1(4)(a) acquire, use or maintain money or other property and (b) obtain goods or services.
Domestic Abuse Commissioner, part 2, ss.4-21
S7 – Commissioner must encourage ‘good practice’ in s7(1)(a) prevention of DA; s7(1)(b) the prevention, detection, investigation and prosecution of offences involving DA; s7(1)(c) the identification of (i) people who carry out domestic abuse; (ii) victims of domestic abuse; (iii) children affected by domestic abuse.
S27 creation of domestic abuse protection orders.
S57 support provided by local authorities to victims of domestic abuse.
Offences against the person including – s70 strangulation or suffocation, etc.
Effect of Domestic Abuse on Children (Barnardos)
-Young Children
-Bed-wetting
-Increased sensitivity and crying
-Difficulty sleeping or falling asleep
-Separation anxiety
Effect of DA on Children - School aged Children
-Loss of drive to participate in activities and school
-Lower grades in school
-Feeling guilty and to blame for the abuse happening to them
-Getting into trouble more often
-Physical signs such as headaches and stomach aches
Effect of DA on Children - Teenagers
-Acting out in negative ways such as missing school or fighting with family members
-Having low self-esteem
-Finding it difficult to make friends
-Engaging in risky behaviours such as using alcohol and drugs
Re L (Contact: Domestic Violence); Re V (Contact: Domestic Violence); Re M (Contact: Domestic Violence); Re H (Contact: Domestic Violence) [2000] 2 FLR 334
The court considered a number of different cases concerning children who had witnessed domestic violence (note the terminology). When a number of cases arise at the same time which raise a similar issue, the court may consider them together.
Sometimes allegations of domestic violence are raised in the course of proceedings related to children. The courts tended to be quite sceptical about these allegations.
Even when a finding of fact established that domestic violence had occurred, the courts tended to downgrade the issue and minimise the potential risks to mothers.
Emphasis on the child’s right to contact with the non-resident parent, treated as a separate matter from the domestic violence.
This case is significant in that it is a landmark case which established that a child can have been regarded to be harmed or be at risk of significant harm within the meaning of the Children Act 1989, due to witnessing domestic abuse (even if the child has not him/herself been physically harmed).
Issues
Access to legal aid – establishing domestic abuse via a finding of fact in court or other evidence, can be challenging.
Impact on children witnessing domestic abuse and continued contact with an abuser (linked to presumption in favour of parental contact).
Police and relationship with victims.
Reluctance (or inability) to engage with services which might help.
Negative health outcomes e.g. impact on mental health and also increased risk of health conditions such as heart disease, stroke, etc.
New Developments
Government have suggested a number of other measures:
Tougher management of the most dangerous offenders, meaning those convicted of controlling or coercive behaviour for 12 months or more automatically managed by the police.
Piloting new civil orders, e.g. new domestic abuse protection notices.
Ask for ANI Codeword pilot scheme and postcode checker.
Adding violence against women and girls to the strategic policing requirement.
Strengthening Clare’s Law and reducing timeframes for disclosure of an individual’s violent or abusive behaviour.
Funding specialist victim support programmes – up to £8.4m allocated over two years.
Investing in perpetrator interventions: police and crime commissioners will be granted up to 36m over the next two years.
