Government Response to the Domestic Abuse Consultation

Two years after the government first published its commitment to making positive changes to victims of domestic abuse, the response has been published as a draft Domestic Abuse Bill.

The consultation on domestic abuse asked questions on how 4 main objectives could be achieved and the government response looks at how to:

1. Promote and raise awareness, both public and professional.
2. Protect, support and keep victims safe.
3. Transform the justice process in both criminal and family courts with the victim at the heart of it but also with a view to rehabilitating the offender.
4. Improve the response to domestic abuse in all areas.

The draft Domestic Abuse Bill will deal with 9 issues that require a change in the law to achieve the above objectives. I have set out some of them below. I have chosen not to refer to the more technical measures here.

Listed below are some of the changes the public can expect to see before too long:

1. A statutory definition of domestic abuse to specifically include economic abuse, as well as controlling and manipulative non-physical abuse.
2. The establishment of the office of Domestic Abuse Commissioner.
3. New forms of Protection Notices and Orders.
4. The prohibition of perpetrators of domestic and other forms of abuse from cross-examining their victims in person in the family courts (and prevent victims from having to cross-examine their abusers) and giving the court discretion to prevent cross-examination in person.
5. Enabling polygraph testing of high risk offenders as a condition of their licence following their release from custody
6. Local authorities granting  a new secure tenancy to a social tenant (as a result of domestic abuse issues) who had or has a secure lifetime or assured tenancy must grant a secure lifetime tenancy

This is certainly a positive step forward, as there are so many people experiencing forms of abuse that do not take on a physical form, but can be just as damaging for the victims.

Our Family lawyers have the knowledge and experience to guide you through these challenging times and have rankings in the Legal 500 and Chambers & Partners for their expertise.

If you need some advice and support, please get in touch via family@bishopandsewell.co.uk or call us direct on +44(0)20 7091 2869. We are here for you.

The above is accurate as at 21 January 2019. The information above may be subject to change during these ever-changing times.