NCJ Number
55459
Date Published
1978
Length
31 pages
Annotation
THE LAW IN ENGLAND IS ADEQUATE TO HANDLE ANY DEGREE OF VIOLENCE BETWEEN HUSBAND AND WIFE, BUT THESE LEGAL PROVISIONS ARE NOT USED. THE INFORMAL, COORDINATED PROCEDURES OF THE U.S.A. ARE URGED FOR ENGLAND.
Abstract
AN OVERVIEW OF LEGAL REMEDIES AVAILABLE IN ENGLAND AND WALES SHOWS THAT THE BATTERED SPOUSE CAN BRING CRIMINAL PROCEEDINGS RANGING FROM CHARGES OF ATTEMPTED MURDER DOWN TO JUSTICE OF THE PEACE ORDERS. A RANGE OF CIVIL PROCEDURES ARE ALSO AVAILABLE. THESE INCLUDE DIVORCE COURT INJUNCTIONS, MAGISTRATES' COURT DOMESTIC PROCEEDINGS, AND COUNTY COURT INJUNCTIONS FOR UNMARRIED WOMEN TO PROTECT THEM FROM THE MEN WITH WHOM THEY ARE LIVING. THOSE REMEDIES ARE EXAMINED, AND THEIR MAJOR PROVISIONS ARE SUMMARIZED. THOSE CONCERNED WITH THE PLIGHT OF BATTERED WIVES FIND, HOWEVER, THAT USE OF THESE LEGAL REMEDIES VARIES FROM AREA TO AREA IN ENGLAND. IN LONDON WHERE LEGAL AID FACILITIES ARE AVAILABLE AND LAWYERS ARE AWARE OF THE PROBLEMS FACING ABUSED FAMILIES, INJUNCTIONS ARE SECURED EASILY. THIS PROCESS IS AIDED BY JUDGES WHO HOLD COURT UNTIL 10 P.M. DURING WEEK-DAY EVENINGS AND OFTEN ARE AVAILABLE EVEN ON SUNDAY FOR EMERGENCY ORDERS. IN RURAL AREAS LAWYERS SEEM TO BE UNAWARE OF THE PROCEDURES, AND IT IS DIFFICULT FOR WOMEN TO EVEN OBTAIN INJUNCTIONS. LAWYERS ARE URGED TO BECOME ACTIVELY INTERESTED IN THE PROBLEM AND TO MAKE USE OF THE REMEDIES AVAILABLE. FOR COMPARISON THE PROCEDURES OF THE NEW YORK CITY FAMILY COURT AND THE WASHINGTON, D.C., U.S. ATTORNEY'S OFFICE ARE EXAMINED IN DETAIL. IN BOTH OF THESE CITIES THE JUDGES ARE SELECTED FOR INTEREST IN FAMILY CASES, BOTH SPOUSES ARE BROUGHT IN FOR COUNSELING, AND THE COURT CAN ISSUE A VARIETY OF ORDERS TO KEEP THE PEACE AND PROTECT THE INJURED PARTY. A VARIETY OF SOCIAL SERVICES WORK CLOSELY WITH THE COURT, AND THE EMPHASIS IS ON ADDRESSING ROOT CAUSES OF MARITAL VIOLENCE. SUCH A SYSTEM IS URGED FOR ENGLAND. THERE ARE 140 REFERENCES APPENDED. (GLR)