It is increasingly common for victims of domestic abuse to have their police investigation closed against their wishes due to "evidential difficulties", a Sky News investigation has found. Experts say this has a profoundly negative impact on victims' safety.
Within Family Law we deal with individuals who have been a victim of domestic abuse and we are acutely aware of the impact it has on the individual and the wider family, particularly any children. Our clients can often be dealing with the Police in respect of criminal proceedings, and as this report states there is an increase in cases being closed without a prosecution being finalised.
The Family Courts can work alongside criminal remedies, or, offer an alternative to victims of domestic abuse. The Family Courts have a range of Protective Orders that can be used. Family proceedings have a different (and lower) burden of proof than within the criminal courts. In family proceedings the burden of proof is based on the 'balance of probabilities' whereas in criminal proceedings, the burden of proof is much higher and must be proved 'beyond all reasonable doubt'.
Family protective orders can help protect victims if the high evidential standard of proof for criminal proceedings is not met, or where a perpetrator has been found not guilty in the criminal courts.
The orders available to the Family Court include:
- Non-Molestation Orders
A civil court order preventing someone from contacting you or coming near you. A breach is a criminal offence. - Prohibitive Steps Order
An order to prevent a person/parent from doing something, for example, removing children from another parent's care. - Occupation Order
An order to prevent someone living in your property or accessing the property and surrounding area. - Emergency Protection Order
An order to protect a child from immediate harm.
At Ellisons, our Family Team undertake regular training in relation to domestic abuse with Alpha Vesta, a domestic abuse charity and we have links with local charities that assist victims and their families. We have specialist lawyers who deal with domestic abuse including Anna Cross in the team who is an Accredited Resolution Specialist in domestic abuse cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.