Citation

Edwards SSM, Halpern A. J. Soc. Welfare Fam. Law 1991; 13(2): 94-109.

Copyright

(Copyright © 1991, Informa - Taylor and Francis Group)

DOI

10.1080/09649069108415078

PMID

unavailable

Abstract

In this article we chart the extent and nature of violence against women and children. We argue that domestic violence is perpetuated and tacitly condoned in a society where the legal system often appears unable to provide the protection which victims need. The Law Commission in its Working Paper 113 1989 (Domestic Violence and the Occupation in the Matrimonial Home) reviews the discretionary remedies available to regulate occupation of the family home in circumstances where family members need protection against molestation or violence. The Paper highlights the numerous inconsistencies and deficiencies which exist in the present law, considers where existing remedies might be improved and how far they might by synthesised. The Paper does not propose radical reform. This reivew occurs when police forces are establishing domestic violence units with specially trained officers aimed at improving the criminal law's response to this problem. We argue that the criminal law should encourage police and prosecutors to pursue cases through the criminal courts not withstanding the potential reluctance of the victims. We also argue that the civil law's response to domestic violence should be rationalised and that the conditions for obtaining injunctive relief clearly specified. The uncertainty in the law caused when different decisions are reached on the same or similar facts and the ?shadow? that this throws advisers should be reduced. Particular difficulty exists when the interests of property owners is balanced against the protection of victims of domestic violence. We argue that attempts to balance these so called hardships is inappropriate and that the protection of the victim should be the predominate aim. We conclude that clear and specific legislative principles are required and that an education and training programme explaining the risks of domestic violence to the victims is a necessity for all those involved in the legal system.