Family Violence and Coercion

Question 1

This section covers a variety of offences that can occur when members of a family or social group seek to maintain control over other members of the group.

These include:

Answer 1

Domestic Abuse
‘Honour’ based violence
Female genital mutilation
Forced marriages

Question 2

There is currently no legal definition of domestic violence and abuse.

The Home Office (2013a) proposes the following definition:

Answer 2

Any incident or pattern of incidents of controlling, coercive or 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 sexuality. This can encompass but is not limited to the following types of abuse:

• psychological
• physical
• sexual
• financial
• emotional

Question 3

A new offence of controlling and coercive behaviour in an intimate or family relationship was introduced by the Serious Crime Act 2015.

The offence is designed to do what…

Answer 3

Address patterns of non-violent abuse, which had proved difficult to prosecute under other legislation.

The repetitive nature of the behaviour and its cumulative effect on the victim did no always meet the criteria for common assault or stalking and harassment offences

Question 4

A Domestic Violence Disclosure Scheme (‘Clare’s Law’) was introduced in 2014.

This allows what?

Answer 4

An individual to find out whether his/her partner has a history of violence.

Members of the public have a right to ask and a right to know.

Question 5

The Family Law Act 1996 (FLA) provides opportunities under civil law to counter…

Answer 5

domestic violence and abuse.

It was modified by the Domestic Violence, Crime and Victims Act 2004 and provides the basis for most of the provisions covered here.

Question 6

A non-molestation order requires a person to…

Answer 6

Refrain from molesting another named person.

Applicant could be a spouse, ex-spouse, civil partner, or a current/ former cohabitant.

Question 7

Under what legislation is it an offence to breach a non-molestation order?

Answer 7

Under s 42A of the FLA

It is an offence to breach a non-molestation order without reasonable excuse (the person must know it exists).

If the CPS fails to act, the victim may be able to use contempt of court proceedings.

Offence is triable either way and the penalty is a fine or a max 5 years imprisonment.

Question 8

An occupation order allows…

Answer 8

An order, tenant, spouse or a civil partner to seek to removal of one occupant from his/her home (s 33 of the FLA), and the recipient will be forbidden from entering the property (s 33(3)).

A breach is a civil offence, but there is an associated power of arrest uder (s 47(1)).

Question 9

What are Domestic Violence Protection Orders (DVPOs) and Domestic Violence Protection Notices (DVPNs)?

Answer 9

Introduced to the UK in 2014 to give victims more time to decide whether to leave the abuser of apply for a non-molestation or occupation order.

Question 10

What are Domestic Violence Protection Notices (DVPNs)?

Answer 10

Imposed by the police in the immediate aftermath of a domestic violence incident, and prevents the abuser from having contact with the victim or returning to the victim’s home for up to 48 hours.

During this period an application needs to be made to a magistrates court for a DVPO, a civil order under which there will be a further no contact period (14-28 days).

Question 11

What are Prohibited Steps Orders (PSO)?

Answer 11

Used to prevent a suspect removing a child from the applicant (s 8 of the Children Act 1989).

Doesn’t necessarily prevent contact, just certain activities (e.g go abroad/ out of local area).

A PSO is a civil contempt of court, there is no associated power of arrest.

Question 12

What can the National Centre for Domestic Violence (NCDV) provide?

Answer 12

Help victims apply for emergency injunctions.

It offers a third party injunction referral system and provides a secure online ASSIST programme. This provides police police officers with access to court papers related to non-molestation and occupation orders.

Question 13

What does the app Bright Sky do?

Answer 13

Helps victims of domestic abuse and those who come into contact with them.

Provides information for victims about nearby services, + a dedicated system for recording particular incidents of abuse (by text, images or video), ready to be shared with police.

Question 14

Attending a domestic violence crime scene

Answer 14

Safety first- take victim to place of safety and assess risk.

Build rapport and provide reassurance.

Preserve relevant evidence

Record everything said.

Question 15

If entry is refused to a domestic violence crime scene

Answer 15

May be due to coercion from attacker.

Should the suspect deny entry, officer should ask to speak to other members of household.

If entry refused, officers may have ground to use the power of entry under s 17 of the PACE ACT 1984.

If this power is used a full PNB record must be made, including the reason. Arrest for breach of peace may also be considered.

If suspect has left the scence, description should be confirmed and circulated.

Question 16

Domestic Violence Checklist

1. Upon Arrival at scene

Answer 16

Determine location and condition of victim
Determine if suspect is still at scene
Check well being, physical condition of all parties
Determine what, if any, criminal offense has occurred
Determine if any weapon was involved
Summon First Aid if injuries require

Question 17

Domestic Violence Checklist

2. Preliminary Investigation

Answer 17

Interview victim & suspect separately

Ask victim if there is history of abuse
If children at scene, interview them separately

Distinguish primary aggressor from victim, if both injured

Note & document emotional & physical condition of parties involved

Note demeanor of suspect

Note torn clothing by both parties

If victim is a woman, note smeared makeup

Note signs of injury on victim

Note any excited utterances by any parties present

Note any evidence of substance/chemical abuse

Advise victim of domestic violence rights

Assist victim in completing victim notification form

Advise victim of available resources

Assist victim in obtaining temporary domestic violence restraining order

Question 18

Domestic Violence Checklist

Evidence

Answer 18

Record condition of crime scene

Photograph damaged property

Photograph crime scene

Identify weapons//firearms

Photograph and diagram injuries of

• victim
• suspect

Obtain statements of

• victim
• children
• witnesses

Question 19

Police have a duty of positive action when it comes to domestic abuse incidents. This often means arresting the suspect, but this is not always possible or the best solution. Alternatives are…

Answer 19

Remove suspect from location to prevent breach of peace and issuing a DVPN, or other civil order.

Question 20

Safety and support for the victim

The following points should be explained to the victim…

Answer 20

• the reason for the method of disposal
• how to access support services provided
• that the incident will be recorded on police IT systems; and
• that the information and evidence from the current incident could be used to support the prosecutions.
• offered oppurtunity to make a Victim Personal Statement.

Question 21

Honour-based crime can include what?

Answer 21

Domestic or sexual abuse, forced marriage, or female genital mutilation.

It involves attempts to maintain control in the family or social group to protect certain conceptions of honour and will often involve violence.

The perpetrators believe the victim has put shame to the family/ community.

Question 22

Forcing a person to marry is a criminal offence under what legislation?

Penalty?

Answer 22

s 121 of the Anti-Social Behaviour, Crime and Policing Act 2014

Maximum custodial penalty is 12 months if tried summarily and 7 years on indictment.

Question 23

What can forcing a person to marry involve?

Answer 23

Victim can be physically, emotionally, or psychologically pressured to marry by means of threats, physical or sexual violence or other forms of coercion at the victim or a third person.

If the victim lacks the capacity to consent under the Mental Capacity Act 2005, any type of conduct can amount to an offence.

Question 24

A forced marriage should be distinguished from an arranged marriage, which is…

Answer 24

A legal practice in which a third party arranges for two consenting people to marry.

Question 25

Investigating forced marriage.

How should contacting the victim be approached?

Answer 25

May only be one chance to speak to a victim.

Contact person with expertise within police organisation.

Suspected victim must be seen in person, alone and in a place where the conversation cannot be overheard, to try and avoid retaliation from other family members.

Reassure of confidentiality of the conversation and all available options explained.

Question 26

When should a police protection referral be made when investigating forced marriage?

Answer 26

If the person is under 18, or adults with support needs.

Question 27

What is a Forced Marriage Protection Order (FMPO)?

Answer 27

This can be issued by a civil court to a person who seems to be planning to implement a forced marriage.

The recipient is obliged to hand over passport of the person at risk, or to reveal his/her whereabouts if missing.

Breaking an FMPO is a criminal offence, with a penalty of up to 5 years imprisonment (s 120 of the Anti-social behaviour, Crime and Policing Act 2014).