NCJ Number
59034
Journal
Solicitors Journal Volume: 122 Issue: 24, 25 Dated: (JUNE 16, 23 1978) Pages: 391-392,409-412
Date Published
1978
Length
6 pages
Annotation
THIS TWO-PART ARTICLE DISCUSSES THE 1976 DOMESTIC VIOLENCE AND MATRIMONIAL PROCEEDINGS ACT IN ENGLAND AND NOTES THE NEED FOR CRISIS CENTERS, REFUGES, LEGAL SERVICES, AND LAW REFORM TO HELP BATTERED WOMEN.
Abstract
THE MOST IMPORTANT REFORM INTRODUCED BY THE 1976 ACT IS THE INCLUSION OF A PROVISION WHEREBY THE JUDGE OF A COUNTY COURT IN ADDITION TO EXISTING POWERS OF HIGH COURT JUDGES, CAN ATTACH THE POWER OF ARREST TO AN INJUNCTION AGAINST MOLESTATION OR EXCLUSION OF THE HUSBAND FROM THE MATRIMONIAL HOME IN THE CASE OF SPOUSE ABUSE. THERE IS NO GUARANTEE, HOWEVER, THAT JUDICIAL ATTITUDES HAVE CHANGED OR WILL CHANGE DUE TO THE INTRODUCTION OF THE ACT. THE POWER OF JUDGES IS LIMITED TO A CERTAIN EXTENT BY THE ACT, BUT CONSIDERABLE DISCRETION IS STILL LEFT TO THE COURTS. A RELATED PROBLEM IS THE RELUCTANCE OF THE COURTS TO GRANT EX PARTE INJUNCTIONS. IN GIVING THE COURTS AUTHORITY TO ATTACH THE POWER OF ARREST TO AN INJUNCTION, THERE ARE CIVIL LIBERTY IMPLICATIONS. AN ADDITIONAL IMPLICATION IS THAT THE ACT APPLIES ONLY TO MATRIMONIAL HOMES. IT WOULD APPEAR THAT IF A WIFE IS BEATEN IN A REFUGE OR IN A RELATIVE'S HOME, THE HUSBAND CANNOT BE EXCLUDED BY AN INJUNCTION UNDER THE ACT AND THE POWER OF ARREST MAY NOT BE ATTACHED. TO REMEDY THIS PROBLEM, IT IS SUGGESTED THAT THE ACT SHOULD STIPULATE THAT A JUDGE MAY ATTACH THE POWER OF ARREST TO AN INJUNCTION IF HE OR SHE IS SATISFIED THAT ACTUAL BODILY HARM OR ASSAULT WAS CAUSED OR THREATENED. THIS SUGGESTION IS IN LINE WITH RECOMMENDATIONS OF A REPORT ON MATRIMONIAL PROCEEDINGS RELATED TO THE POWER GIVEN TO MAGISTRATES IN ISSUING PERSONAL PROTECTION ORDERS AND EXCLUSION ORDERS. OTHER RECOMMENDATIONS ARE THAT THE DEFINITION OF MARITAL VIOLENCE BE EXTENDED TO COVER PEOPLE LIVING TOGETHER OUT OF WEDLOCK, THAT CRISIS CENTERS AND REFUGES BE ESTABLISHED FOR BATTERED WOMEN, THAT THE LEGAL PROFESSION BE MADE AWARE OF RESOURCES AVAILABLE TO HELP BATTERED WOMEN AND OF PROCEDURES FOR OBTAINING INJUNCTIONS, AND THAT THE TERMS 'MATRIMONIAL HOME' AND 'PARTY TO A MARRIAGE' BE MORE CLEARLY DEFINED IN THE ACT. CASE LAW IS CITED, AND A SELECTED BIBLIOGRAPHY IS INCLUDED. (DEP)