Protecting Victims of Domestic Violence — Have We Got the Balance Right?

Bessant, Claire (2015) Protecting Victims of Domestic Violence — Have We Got the Balance Right? The Journal of Criminal Law, 79 (2). pp. 102-121. ISSN 0022-0183

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Official URL: http://dx.doi.org/10.1177/0022018315574820

Abstract

That states should act to prevent domestic violence and protect victims is clearly acknowledged in international law. Yet international law confirms also that victims, perpetrators and their families have rights to privacy, to a family life and to a home. The extent to which rights to respect for private and family life should be interfered with in order to protect victims remains in dispute. With the aim of improving the protection afforded to domestic violence victims in England and Wales, in 2011–2012 the police and courts piloted the use of two new short-term protective measures; domestic violence protection notices and orders. Between 2012 and 2013 the police also piloted the domestic violence disclosure scheme, which saw prospective victims provided with information about their partner’s previous violent behaviour. The disclosure scheme and the domestic violence protection orders and notices were rolled out nationally in March 2014. In this article, consideration is given to the impact these two initiatives will have on the privacy of victims and perpetrators, an issue not considered in government evaluations of the pilots. This article analyses whether the roll-out of these new initiatives is justified, given their potential for interference in private and family life.

Item Type: Article
Uncontrolled Keywords: domestic violence; privacy; domestic violence disclosure scheme; DVPO
Subjects: M100 Law by area
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Claire Bessant
Date Deposited: 01 Jun 2015 13:30
Last Modified: 08 May 2017 12:57
URI: http://nrl.northumbria.ac.uk/id/eprint/22717

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