NCJ Number
57457
Journal
FAMILY LAW Volume: 7 Issue: 7 Dated: (1977) Pages: 201-205
Date Published
1977
Length
4 pages
Annotation
THIS PAPER PRESENTS CERTAIN CRITERIA AGAINST WHICH LEGAL RESPONSES TO MARITAL VIOLENCE SHOULD BE MEASURED AND FOCUSES ON THE EXTENT TO WHICH BRITISH LAW COMPLIES.
Abstract
THE CRITERIA ARE VARIED. THERE SHOULD BE A PROFESSIONAL CHOICE BETWEEN THE USE OF CRIMINAL AND CIVIL PROCESSES. IN THE U.S., NECESSARY PROFESSIONAL DECISION-MAKING IS AVAILABLE TO THE VICTIM OF VIOLENCE THROUGH FAMILY COURT AND CRISIS CENTERS. IN ENGLAND, NO SUCH CENTERS AS YET EXIST. THERE IS ALSO A NEED FOR EMERGENCY SERVICES. THE AUTHOR GIVES CREDIT TO THE FACT THAT COURT ORDERED INJUCTIONS TO STOP VIOLENCE ARE NOW AVAILABLE ON AN EMERGENCY 24-HOUR BASIS IN ENGLAND. COURTS SHOULD HAVE POWER TO EXCLUDE THE BATTERING HUSBAND FROM THE MATRIMONIAL HOME. THE ENGLISH COURT IS STILL AMBIVALENT ABOUT GRANTING INJUCTIONS TO HUSBANDS TO VACATE THE HOME, AND COURT DECISIONS ARE OFTEN CONTRADICTORY AND DEPENDENT ON THE SUBJECTIVE JUDGMENT OF A PARTICULAR JUDGE. THERE MUST BE EFFECTIVE ENFORCEMENT OF INJUNCTIONS. IN ENGLAND, INJUNCTIONS ARE DIFFICULT TO ENFORCE AND THE WIFE MUST TURN TO THE SLOW CIVIL COURT PROCESS TO STOP VIOLENCE. IT IS ALSO NECESSARY FOR COURTS TO GRANT NONLEGAL REMEDIES (I.E. REFER CASES TO AGENCIES SUCH AS GUIDANCE/PSYCHIATRIC/ALCOHOLIC). LASTLY, THE LAW SHOULD BE EASILY AVAILABLE THROUGH CRISIS CENTERS STAFFED BY SYMPATHETIC LEGAL PROFESSIONALS. THE PAPER STRESSES THAT THERE IS AN URGENT NEED TO PUT LEGAL RESPONSES TO MARITAL VIOLENCE CLEARLY INTO THE PUBLIC SECTOR. (MJW)