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Domestic abuse & the family courts

08 July 2022 / Cris McCurley
Issue: 7986 / Categories: Features , Family , Criminal
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In the first of a two-part series, Cris McCurley examines key changes to the treatment of domestic abuse victims & their children within the family justice system
  • Over the years, a stream of reports, practice directions and inquiries has contributed to constant changes to the courts’ understanding and treatment of victims of domestic abuse and their children.
  • Recent recommendations for change, including substantial financial investment and a more trauma-focused approach, are to be welcomed, but still more work is needed.

The law concerning domestic abuse has been evolving over the last three decades, but the last three years have seen particularly significant changes.

In 2004, Women’s Aid published their report Twenty-nine child homicides: lessons still to be learnt on domestic violence and child protection, which considered the domestic homicide reviews of children murdered either during or as a result of court-ordered or approved contact. It led to the first version of Practice Direction 12J in 2010 under the presidency of the late Sir Nicholas Wall, who had previously

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found

The Serious Fraud Office (SFO) has secured £1.1m in its first use of an Unexplained Wealth Order (UWO)

County court cases are speeding up, with the median time from claim to hearing 62 weeks for fast, intermediate and multi-track claims—5.4 weeks faster than last year
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