Changes to evidence requirements in Domestic Violence from January 2018.

[Hamble]

Quote
"Changes to evidence requirements in private family law disputes have come into effect. There will no longer be a time limit on abuse evidence, which previously stood at five years.

Additionally, the range of documents accepted as evidence of abuse has been widened to include statements from domestic violence support organisations and housing support officers.

Justice Minister Dominic Raab said:


“We have listened to victims’ groups and carefully reviewed the criteria for legal aid for victims of domestic abuse in family cases.”


“Today’s changes will ensure that vulnerable women and children get legal support, so their voice is properly heard in court.”

Legal aid is available to people involved in private family disputes if they are victims, or are at risk of becoming victims, of domestic violence or child abuse. To qualify, applicants must provide objective evidence of the abuse while their case is also subject to means and merits tests.

Today’s changes follow a review of the evidence requirements set out in the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.

The changes are the latest in a series of reforms the government is making to support victims of domestic violence, having previously announced a £17 million fund to support 41 projects across the country to tackle violence against women and girls.

The landmark Domestic Violence and Abuse Bill will also ensure that no stone is left unturned in protecting and supporting domestic violence victims and children."





https://www.gov.uk/government/news/c...me-into-effect

[said]

I would have thought that was the case anyway. Surely ALL evidence has to be considered?

Is this topic for general interest - or do you have a personal interest?

[Hamble]

I would have thought that was the case anyway. Surely ALL evidence has to be considered?

Is this topic for general interest - or do you have a personal interest?

General and personal interest.

"There will no longer be a time limit on abuse evidence, which previously stood at five years.
...........
Additionally, the range of documents accepted as evidence of abuse has been widened to include statements from domestic violence support organisations and housing support officers."

For me it go's a long way to closing some of the loopholes I found frustrating working with years ago.

[whiplash]

Problem is, what goes on behind closed doors?

[Hamble]

Problem is, what goes on behind closed doors?

Many a time in domestic violence it is the neighbours who call the police.
Even though the law was changed to give police the powers to bring a prosecution(having been called by neighbours) the victim would often
agree to prosecute then not turn up at court on the day of the trial.

Women would however go for help not involving the police much earlier
in the domestic abuse situation moving house or access to a women's refuge.

[gazaprop]

I would have thought that was the case anyway. Surely ALL evidence has to be considered?

Is this topic for general interest - or do you have a personal interest?

Not necessarily - for example hearsay evidence also evidence can be excluded if it's prejudicial value outweighs it's probative value.

[said]

Not necessarily - for example hearsay evidence also evidence can be excluded if it's prejudicial value outweighs it's probative value.

Not even hearsay evidence from someone who is totally independent of either party?

Do the Rules include both Male and Females - there is much evidence to show that men also suffer from Domestic Abuse - although there appears to be much more done to help women.?

[Hamble]

Not even hearsay evidence from someone who is totally independent of either party?

Do the Rules include both Male and Females - there is much evidence to show that men also suffer from Domestic Abuse - although there appears to be much more done to help women.?

Yes the new rules will protect men.
Persistent intrusive stalking even without a threat of violence is now seen as domestic abuse.

Applied to all areas of deviant behaviour stalking is a warning sign
of unusual behavior in both sexes.

The new rules cover and improve bringing to justice perpetrators of child grooming and specifically taking British children to a foreign country for female genital mutilation.


"Domestic violence and abuse: new definition

The cross-government definition of domestic violence and abuse is:

any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:
•psychological
•physical
•sexual
•financial
•emotional

Controlling behaviour

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour

Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

This is not a legal definition."