Atlantic Chambers’ Natalie Cuddy, on domestic violence legislation

DOMESTIC violence victims have always been able to approach family courts for injunctions and in some cases had to decide whether to have the power of arrest attached, should the order be breached.

Breaches were dealt with at family court and punished as a contempt of court.

But the 2007 Domestic Violence, Crime and Victims Act criminalised breaching an injunction and set a maximum five-year tariff for the offence.

While this sounds like the gnashing of sharpened teeth, the merging of the criminal and family arenas was greeted hesitantly.

Awareness of these powers is still patchy and proper enforcement appears inconsistent.

Practitioners must be familiar with the procedural aspects of both family and criminal jurisdictions. Some will find they are able to represent a client on the initial application, but forced to pass the case on should breach proceedings be instigated.

Obtaining the non-molestation order in the private setting of the family arena is also undermined when the breach proceedings are heard in open court.

The victim also shifts from applicant to witness without provision for representation at the breach stage.

While this legislation sends out the right message, there is clearly still some way to go.