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Thousands of women are at risk of assault because new laws to curb domestic violence have backfired, deterring victims from seeking help,The Times has learnt.
Since legislation was introduced in July to criminalise domestic abuse at least 5,000 women have failed to report violent partners, judges have claimed. Under the Domestic Violence Act 2007 a breach of a non-molestation order is now a criminal offence and not dealt with in the civil courts.
But battered wives, and sometimes husbands, are reluctant to seek an order for fear of giving their partners a criminal record and, potentially, a prison sentence of up to five years.
The judges’ concerns have prompted talks at the highest level between Jack Straw, the Justice Secretary, and Sir Mark Potter, President of the Family Division.
The alarm was raised by both circuit judges and the Association of District Judges, whose members deal with domestic violence cases. A Ministry of Justice spokesman said that an urgent meeting with Sir Mark would be held to discuss his fears. “We would be concerned if the courts were not making protecting orders,” he said.
A spokesman for Sir Mark said: “The president is very concerned that, for whatever reason, the legislation appears to have led to a reduction rather than an increase in the protection afforded to victims of domestic violence as a result of the change of the law.”
Sir Mark felt it important that judges “at the sharp end seeing its impact” were able to flag up their concerns, he added.
Judge John Platt, a circuit judge with more than 20 years’ experience of domestic violence cases, has drawn up a report reflecting the judges’ views for the president.
He told The Times that he estimated that the number of [mostly] women seeking non-molestation orders had fallen by between 25 and 30 per cent since July 2007.
Judges were doing their own informal surveys and “every judge I have spoken to thinks there has been a drop”, he said.
In 2006 there had been 20,000 such applications — so a 25 per cent drop meant 5,000 women had not come forward to ask for the courts’ protection. “Obviously this is a very worrying figure. Either offenders have changed their behaviour — which seems extremely unlikely — or the victims do not want to criminalise the perpetrators.”
Victims in a close relationship with a violent partner, who was perhaps the father of their children and the bread-winner, would not want them to have a criminal record, he added. “It’s human nature.”
Women were deterred from the moment they walked into a lawyer’s office and were told what the new laws meant. “It is obviously very worrying,” he said.
Formerly, judges could add a power of arrest to a non-molestation order. A victim could then ring the police and complain of a breach and the man would be arrested, he said.
Some simple breaches were dealt with within 24 hours but most within 14 days in the county courts as a contempt of court.
Offenders might be given a second chance and ordered to report back to court, he said. They could be given a suspended sentence of up to two years, jailed for up to two years or, rarely, fined.
Now, however, there appear to be few prosecutions, and some offenders are being dealt with by conditional cautions, said Judge Platt. “What we can say is that there are far fewer prosecutions than there would have been arrests if the old legislation was still in place.”
The Crown Prosecution Service denied that prosecutions had dropped. A spokesman said that the most recent figures showed that both numbers of cases and the conviction rate were up on previous years. However, these predate the new Act.
The spokesman added that conviction rates had risen from their lowest recorded point of 46 per cent in 2003 to 59 per cent in 2005, up to 66 per cent in 2006 — up year on year by 7 per cent and 20 per cent over three years. The spokesman added: “The fact that the Government has increased the number of specialist domestic violence courts to 64 is an indication of the number of cases that are being prosecuted and the seriousness with which it’s regarded.”
Judge Platt said that a third problem was severe delays in special domestic violence treatment programmes, which judges felt were effective.
He added that a community penalty was often best in a family context.
But without the special programme, either the woman would remain at risk or the offender would have to be jailed.
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And people like you Louise, who with your understanding and empathy fail to point out that this article is rather wonan-centric.
There are hundreds of studies which state that men are are as likely to suffer domestic abuse. Indeed almost all of the men I know are in this situation and are so scared to report it they just do their best in their quiet lives of desperation. In fact it'd probably be them who was made to feel like the perpetrator. The threat by the abuser that the man will not see his kids and be 'taken for everything he's got' is a firm favourite of the abuser. No to mention the physical violence, particularly to men's genitals. Male rape law anyone?
Don't believe me? Then just listen to the drunken screaming of abusive women on my Glasgow street on a Friday and Saturday night !
Jim McDonald, Glasgow,
and people like you jo, your ignorance on domestic violence is extremely offensive, the comments you make are unecessary and show a complete lack of understanding or empathy.
Louise, London,
Abbi
And women like you need to take responsibility for the relationships that you choose to have.
My former lovers have never gone mad and harassed me.
Jo
jo, london, uk
this system doesnt work at all , it needs to be changed , cival court orders with a power of arrest only work if the police officer in question is willing to arrest the offender in my circumstances they did not
True Domestic abuse cases do not get a fair hearing as i am at a first hand a victim , and my x husband is still harrasing me after 2 and half years.
apparently he is doing this legally through hes solicitor and i cant get a new injunction to protect me and my children till he hits us again..
There needs to be an overall of the whole system laws and the judiceryservices.
abbi, derby, uk
Women could always just stop snivelling and leave. There@s no reason for us to waste resources on them.
jo, london, uk
As a lawyer specialising in Domestic Violence I am appalled, but unsurprised at these statistics. The Government pay lip service only to zero tolerance of domestic abuse but appear to give CPS more powers in dealing with other "minor" offences rather than Domestic Abuse, which is, in my opinion, a far greater offence than, say, speeding.
Ria Cohen, Saltash, Cornwall,
The Attorney General, Edwina Millward, warned of this a month ago, and it was predicted when the law changed. The judiciary only react when their business is threatened.
Non-molestation orders are routinely used in child custody disputes to remove fathers from the family home, and the allegations of domestic violence on which they are based are often false; the judiciary know this well and are complicit. This decline in numbers could simply reflect a fall in false allegations.
Sadly a system so open to abuse will not protect the real victims.
Nick Langford, Portsmouth,
Im a victim of domestic violence and I find this disgusting. 25% of women dont want to report there partners incase they get a record will those women live with themselves if there partners killed the next girlfriend? I was 8 months pregnant and almost lost my child due to my partner, and was in court in Feb. He was known to police for being a woman batterer, yet his ex wife and other 4 girlfriends didnt report him as they were scared of the records leaving him open to feel free to keep doing it, resulting in me losing my life and my child almost. Theres no difference to a man going out and kicking and hitting another man for no reason, so why is it different when its behind closed doors with there partners? Choosing not to give them a record is leaving it open for them to think they can do it and get away with it, if a judge saw a man like my ex partner had a record of violence, they would send him for help etc but instead my partner got a £200 fine. Do the crime do the time I say.
Liza, North Yorkshire, England
Why is Sir Mark Potter, President of the Family Division seeking to voice concerns that criminalising breaches of non-molestation orders has resulted in a drop of such applications with Jack Straw, the Justice Secretary. Surely a drop in applications for non-molestation orders is a good thing showing clearly that Domestic Violence against women is falling yet more worryingly is that Violence by Women against Men as risen significantly to its highest level ever. Perhaps the President of the Family Division would be better to raise this concern with Jack Straw and then both take the opportunity in July to visit the theatre to watch "Revelation" a new play written by acclaimed writer Patrick Jones (www.patrickjones.co.uk) which opens in Cardiff for three nights and then transfers to London for a three week run. The Manic Street Preachers are composing the original soundtrack. The play explores male domestic violence. 'Based on interviews and the real stories of men who have been victims of domestic violence- a chilling and disturbing journey that speaks of the hidden trauma men experience.
Layton Bevan, Neath , Wales
A classic example of the law of unintended consequences, well known to every single intelligent human being.
The exact same thing happened in the US when an identical law was introduced. Ministers must have known that before they decided to pander to the feminist lobby.
Damian, London,
There seems to be an assumption that all victims of domestic violence are women. A retired police officer (35 years service in Marseille, France) recently told me that the traditional assumption was that 60% of the victims were women. But recently this had been revised to 50%. . This law, in itself, seems to be poorly drafted (yet again) and too much fluenced by militant feminists.Bruce, Apt, France
Thank you Bruce - Having been first hand subjected to a wifes violence during 1996-2004 in France. The was no help from police (which she used as it was her own) it was allways asumed she was the victim and you was most likely to get locked up. It has left me with no confidence in the police due to the total lack of objectivity and stigma in the socalled law. the last episode of violence left me with concusion and a split bone in my head.
Steve, London,
As defined nowadays, "domestic violence" can be anything from shouting at your spouse to murdering them. This extension of the definition over recent years led to a sharp rise (supposedly) in domestic violence.
I am glad to see that the balance is now swinging back and I very much suspect that the fall in domestic violence prosecution is largely due to the elimination of false and/or trivial complaints.
Don't misunderstand me, I have total sympathy for anyone who is genuinely subject to domestic violence but not the dubious complaints often made to seek advantage in a divorce situation.
Tom R , Birmingham, West Midlands
The majority of these comments show an ignorance of the system in place. Most comment that it is all too easy to have a man arrested on a false allegation. In practice, as a family lawyer I have seen disappointed women come back to me having had no assistance whatsoever with the police. The standard response to domestic violence reports is to go and see a solicitor and obtain an injunction. Once obtained the remedy to breach is to call the police to have the perpetrator arrested. All too frequently the perpetrator is never arrested - even when details of his whereabouts are provided leaving the victim with no possibility of enforcing their order. It is then left to solicitors to apply for public funding to cover a further application to court under an antiquated committal procedure to apply for the perpetrator to show cause why he/she should not be committed to prison. The system does not work on any level.
Shelley , London, UK
According to some feminist literature, and we should acknowledge how feminist-freindly the government is, a man withholding sex is considered 'abuse'. In fact, in Spain, it is quite literally ilegal for a man to do so.
What spits in the face of reality in this is withholding sex is *usually* a woman's way of manipulating a man, not vice-versa.
These 'policies' don't - as usual - even contemplate the woman's involvement. After, women are perfect...right?
So, perhaps these people who aren't coming forward, are simply using COMMON SENSE and realising that not everything a man does is 'abuse'... no matter how much feminists want that to be the case.
Karl Mathews, Worcester, England
Women use "Domestic Violence" allegations normally to get better divorce settlements. Their lawyers advise them to make allegations such as "Arguing in front of the children" and "Being scared of husband". These allegations are virtually impossible to defend for the man, and the woman ends up with custody of kids and lots of cash that they have not earned. The lawyers are very happy with this situation too. When men go the police after being attacked by women the police say things like 'What did you do to deserve that " and "In this country it is the man who does the domestic violence". Men are arrested in 20% of cases when reporting domestic against them. My violent wife stopped me seeing my kids for 3 months by making up false allegations.
REALLLY VIOLENT MEN WILL NEVER BE STOPPED BY A LEGAL PAPER !
Martin Swash, wellington, new zealand
As a retired senior police officer I can confirm that Judge Platt has rightly identified the knub of the issue when he says "victims do not want to criminalise the perpetrators". I fully support that view. In the heat of a dispute victims -male/female - are often anxious to invoke the full force of the law. However, once the initial action is taken to remove the offender the victim is often reluctant to accept responsibility to pursue the allegations through the courts
Any violence in a civilised society is abhorent. All violence should be dealt with according to the law and to this end the victim has a responsibility to ensure the perpetrator is brought to justice and dealt with accordingly. Victims of domestic violence need to step up to the bar and, with appropriate support, accept personal responsibility for ending domestic violence, to his end victims should be compelled to give evidence against assailants.
John Kennedy, Epping, Essex
Maybe DV is not being reported as the system fails women and children once a report has been made. Men who commit DV are cunning and manipulative and abuse the legal system for their own gains. Once a case is in the legal forum all of the help and support is for the perpetrator. Yes, women are persuaded to report the violence but the help ends there. What is left is a mine field of litigious solicitors, CAFCASS weighted heavily on the side of the perpetrator and often no legal representation for the victim as they don't qualify for legal aid! Interestingly the Government have just finished an e-consultation into DV support and reading the many posts is heart breaking, the system is failing thousands of women and children. Elsie of Birmingham your post is shameful I only hope none of your family or friends suffer this insiduous crime. As a barrister and victim of DV I can catergorically state the law and the "system" is very much biased towards the perpetrator!
Dorothy Zimmerm
Dorothy Zimmerman, Newcastle, England
As a husband and 'victim' of a false non-molestation order against me prior to the introduction of the 2007 Act, I've had first hand experience of just how the previous system could be abused by a vindictive wife. In the space of 10 days, I had been arrested and served by a NMO filled with false allegations and barred from making contact with my wife, her friends or her family. However, one thing to note is that the NMO was too easy for my ex-wife to obtain against me. I wasn't even told about it until it was served upon me. Perhaps the new 2007 Act will discourage vindictive partners from making NMO's against their partners and to encourage genuine victims to come forward.
S.S. , London,
The question is, was the new legislation intended to help combat violence against women or was it just an attack on men? Many so-called women's rights campaigners have no intention of seeing woemn protected - they simply want to engender the idea that men are absolute rotters.
Why did it take (a male) President of the Secret Court Division of the High Court to raise the alert with this? Surely the government were monitoring the use of the new legislation?
Richard England, Stockport, England
There seems to be an assumption that all victims of domestic violence are women. A retired police officer (35 years service in Marseille, France) recently told me that the traditional assumption was that 60% of the victims were women. But recently this had been revised to 50%. Similar statistics are widely available in many developed countries which compile information. Britain seems to have a cultural blockage to such information. This law, in itself, seems to be poorly drafted (yet again) and too much influenced by militant feminists.
Bruce, Apt, France
This Government have brought a raft of legislation into force over the last couple of years, all carrying criminal, rather than previous civil penalties. Often unnecessary laws - sledge hammers to crack the proverbial nut. This happens when civil servants and politcians fail to consult properly and bad laws are passed by our legislature.
Just take a look at the new laws passed against landlords and the way tenants are so protected there are growing numbers who deliberately fail to pay their rents. It does not stop bad landlords, who can and do flout any legislation, since the authorities do not prosecute them, just target the law abiding. (Sounds familiar doesn't it). Look at the way New Zealand handles similar problems and you can see the two countries are light years apart, yet the law is much fairer in NZ.
cwillnic, cardiff,
and exactly how do you determine violence i was charged for common assault on my wife for grabbing hold of her and we had never even had an argument before, but she was pushed by the police to press charges and even used our 10 year old son as a witness BECAUSE THE GOVERNMENT NEEDED THAT LITTLE TICK IN A BOX and my wife needed to cash in her investment [my house] not bad for someone who came here as an illegal immigrant. i am a victim as well a victim of this governments changes in policy but being british and male nobody wants to listen to US.
DAVE, HERNE BAY, KENT
This Government loves passing legislation and delights in creating new criminal offences. Not since the early 18th century has there been a Government so keen on criminalising everything. It's their answer to everything. They prefer Sending Signals or Being Tough on Crime to actually helping.
Frank Upton, Solihull,
when women have to live with this type of problem they fear everything involved because of threats made eg. death to the children .having a sentence imposed , some women fear the outcome after the release. as in a lot of cases these kind of people never change. going to prison therefore fuels their anger.what happens to the woman and the children then when he is released? this justice system cannot protect 24/7. a lot of women develop survival techniques which to the ' ordinary citizen ' would appear odd on decision making. but each individual case has its own story and background. and should be dealt with accordingly.
eg. why should a man be released if he has threatened to kill his wife and children after serving a long sentence?
this is a raw subject ...to this date has not been dealt with correctly.mainly because the people that impose sentencing and ' the law' have not got a clue .....to the harsh reality !!
mandy , somerset, england
A couple of obvious questions spring to mind from this article. How on earth do judges know that cases are not being reported, rather than that cases are reducing in number? And how about the possibility that it is the frivolous and bogus charges that are being reduced, leaving just the real ones in place? Maybe the new legislation is working a lot better than appears, by weeding out the false charges that were too easy to make previously. Who knows? Do judges have spy cameras in every household in Britain, or are they just concerned that fewer charges mean less lucrative work available for them?
Then again, why does the article refer to women being "deterred from the moment they walked into a lawyerâs office"? Surely the first port of call for a woman suffering abuse should be the police station, not a lawyer's office? Or is there something more going on here than meets the eye? Is the DV industry more a money-making racket than a serious attempt to solve a problem?
Paul Parmenter, Norfolk, UK
I would like to tell you that my story of domestic violence and how the police and the legal system let me down, Me ex threatened to slit my throat, kill me and our 2 children aged 14 and just 18, this happened in May 06, he attacked his own daughter and the police were called. They reassured my he would not let be back into the house, however the next morning the Police left me a voic e mail message to say he was being released wuth a caution. I fled the house with my 2 children and went to a solicitor-there the bombshell- I was means tested for legal aid and did not qualify-I was told that I must pay £1500 or they couldn't proceed! I had to borrow the money! My ex had packed his job/business in so he qualified for legal aid. I got the injunction, but my ex kept breaching the order, We went to court twice, he had legal represention in the form of expensivebarristers,I had to represent myself! I have no room to continue but my story, but this is a drop in ocean as it is ongoing...
Jill LUSTY, Coventry, west midlands
"A victim could then ring the police and complain of a breach and the man would be arrested, he said."
This has been the case for a number of years, on two separate occasions I spent over 48 hours locked in a police cell( early evening Friday until midday Monday) solely on the whim of a vindictive ex, On neither occasion was I within miles of her and the law and the police were used purely as instruments of spite, there should be redress for men in this situation but in many domestic/divorce cases the male is automatically assumed to be some sort of criminal and treated as such.
KHC, Nottingham,
Have the judges never heard of vituperation?
A classic tactic employed by women to get men to hit them. But the vituperation itself is a violent act. Don't be fooled, verbal abuse or psychological torture by women is every bit as bad as physical abuse. How do you address it?
By listening to both sides and using common sense not using the violence of strong armed tactics as acceptably used by the Police who often lack basic common sense.
Giles Wynne, Lincoln, UK
'Either offenders have changed their behaviour â which seems extremely unlikely...'
Then what was the point of the new law in the first place?
Gary, manila,
The whole point behind the draconian domestic violence laws is to increase the *reporting* of domestic violence not to reduce domestic violence.
Such laws also make men more likely to resort to domestic violence - because the more that the law is set against men, the more will men resort to violence.
If the law will not help men, then who can be surprised that men will more often resort to violence.
Elsie, Birmingham,