U.K. Proposes Tough New Domestic Violence Law
Police Able To Remove Abuser From Home in Absence of Charge
Oct 2, 2009
British Home Secretary Alan Johnson announced the proposal earlier this week at a Labour Party conference. Police will be given the power to issue a Domestic Violence Protection Order (DVPO) or GO order against abusers requiring that they vacate their homes for a period of up to two weeks.
Domestic Violence Orders
The purpose of the GO orders is to allow victims of violence to have some time to decide what it is that they wish to do in the future. Persons who are subject to these domestic violence orders and breach the terms will be held in contempt of court and subject to criminal sanctions including incarceration.
What is unique about this proposal is that it can be imposed on an offender even if the police feel that they do not have enough evidence to bring charges. At present, offenders can only be ordered to vacate their homes if police lay criminal charges and the condition not to return to home is made a condition the offender’s bail order. The only other alternative that a victim has is to apply in civil court for an injunction against the abuser.
In announcing the proposed change to the law, the Home Secretary said, “It is not right that victims of domestic violence, who have already suffered so much, are forced out of their homes. It is both safer and fairer to remove the abuser.” The government intends to implement the proposal in two test geographic areas to determine if the law does indeed have any impact on domestic violence.
Go Orders and Police Powers
The Home Secretary makes a cogent argument for the proposed GO orders. When domestic violence occurs it does seem unfair that the victim, often a woman with babies and young children is forced to leave the home while the abuser is free to remain there. But there are already grumblings about the harshness of the proposal. Critics are concerned that “abusers” can be removed from their homes on the basis of trumped up accusations. While false allegations of domestic violence are always a possibility, they will be easier to make in light of the fact that police do not even need evidence sufficient to lay criminal charges.
Domestic Abuse Against Men
While the language that was used in the Home Secretary’s announcement was gender neutral, Sky News emphasized the role of men on it on the network’s website. The article was headlined, “Violent Men To Be Banned From Home.” Throughout the article men were labeled as the abusers while the victims were always women.
According to a report in the Daily Telegraph last month, there has been a fourfold increase of domestic abuse committed by women. During 2008/09, 2,968 women were convicted of domestic violence offences, up from 806 in 2004/05.
The proposed legislation will be in for a rough ride given the fact that people can be forced to leave their homes even under circumstances where there is insufficient evidence to bring them before a criminal court.
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