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Domestic Violence [Kõva köide]

, (University of Stirling, UK)
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First published in 1997, this book marks a culmination of a three year research programme focused upon the incidence of domestic violence in Leicester. The study examined the levels of violence, the details of applicants and respondents and the nature of complaints, as well as the policies applied and the problems faced by those enforcing the law. The books sets the findings in the context of the policies on protection of victims of domestic violence, the problems they face and protection after 1997.

This book will be of interest to those studying law, social work, sociology and women’s studies.

Preface v
Acknowledgments vii
Table of Cases
xiii
Table of Statutes
xix
1 The Extent of Domestic Violence
1(6)
Introduction
1(1)
New Problem?
2(5)
2 What is Domestic Violence?
7(26)
Introduction
7(1)
The Nature of Domestic Violence
7(13)
1 Physical assault
7(5)
2 Sexual violence
12(3)
3 Threats of violence
15(1)
4 Psychological abuse
16(2)
5 Emotional consequences
18(2)
Why Don't Women Leave?
20(5)
1 Severity and frequency of violence
20(1)
2 Experience with and exposure to violence as a child
21(1)
3 Education, occupation, number and age of children
22(3)
The Reasons For Domestic Violence
25(8)
1 Pathological factors
26(1)
2 Social factors
27(2)
3 Cycles of violence
29(1)
4 The feminist explanation
30(3)
3 Civil Protection Before 1997
33(16)
Introduction
33(2)
Statutory Applicants
35(6)
1 The Domestic Violence and Matrimonial Proceedings Act 1976
35(2)
2 The Domestic Proceedings and Magistrates' Courts Act 1978
37(1)
3 The Matrimonial Homes Act 1983
38(3)
Remedies
41(4)
1 Non-molestation and exclusion, Domestic Violence and Matrimonial Proceedings Act 1976
41(3)
2 Personal protection orders and ouster orders under the Domestic Proceedings and Magistrates' Courts Act 1978
44(1)
Enforcement of Orders
45(2)
Adequate Protection?
47(2)
4 Protection After 1997
49(38)
Introduction
49(1)
The Applicants
50(8)
1 Applicants for occupation orders
50(6)
2 Applicants for non-molestation orders
56(2)
3 Applications by third parties
58(1)
The Orders
58(13)
1 Occupation orders
58(1)
Section 33 -- orders where the applicant is entitled or has matrimonial home rights
58(5)
Section 35 -- orders where the applicant is a non-entitled former spouse and respondent former spouse is entitled
63(1)
Section 36 -- orders where the applicant is a non-entitled cohabitant or former cohabitant and the respondent is entitled
64(2)
Section 37 -- orders where the applicant is a non-entitled spouse or former spouse and the respondent is non-entitled
66(1)
Section 38 -- orders where the applicant is a non-entitled cohabitant or former cohabitant and the respondent is non-entitled
66(1)
Additional provisions
67(1)
2 Non-molestation orders
67(1)
3 Amendments to the Children Act 1989
68(3)
Ex Parte Orders
71(2)
Enforcement of Orders
73(3)
1 Powers of arrest
73(2)
2 Warrant for arrest
75(1)
Undertakings
76(1)
Protection From Harassment Act 1997
76(3)
Adequate Protection at Last?
79(8)
1 Housing victims
79(1)
2 Do occupation and non-molestation orders provide adequate protection?
80(7)
5 The Policing of Domestic Violence
87(50)
Introduction
87(2)
Domestic Violence: Offences and Powers
89(17)
1 Physical violence
90(1)
Unlawful force
91(4)
Intent
95(1)
2 Non-physical violence
95(1)
3 Harassment, molestation and stalking
96(5)
4 Sexual offences
101(1)
5 Police powers
101(1)
Powers of entry to property
101(2)
Arrest
103(3)
The Policing Role in Domestic Violence Cases
106(31)
1 Circular 60/90
106(2)
2 Home Affairs Committee
108(1)
3 Home Office Research Study
109(1)
4 The Leicestershire Study
110(1)
Experience in dealing with domestic violence incidents
111(2)
Definitions of domestic violence
113(1)
5 Police responses to domestic violence
114(1)
Information
115(1)
Attitudes
116(5)
Actions at the scene
121(2)
6 Arrest
123(1)
The use of arrest powers
123(2)
Enforcement of powers of arrest contained in civil orders
125(2)
Pro-arrest approaches
127(2)
7 Training
129(3)
8 Domestic Violence Officers (DVOs) and Units (DVUs)
132(5)
6 Prosecution of Domestic Violence
137(40)
The Crown Prosecution Service
137(7)
1 The decision to prosecute
137(1)
Attitudes of the CPS
138(3)
The victim's interests and wishes
141(1)
Victim co-operation
141(2)
The offence charged
143(1)
Bail
144(2)
Evidence
146(16)
1 Burden and means of proof
146(1)
2 Competence and compellability
147(3)
3 The process of giving evidence
150(1)
4 Preparation for the trial
151(1)
5 Reluctant testimony
151(2)
6 Use of out-of-court statements
153(8)
7 Suspect evidence
161(1)
Sentence
162(1)
Defences For `Victims'
163(14)
1 Self-defence
164(1)
2 Provocation
165(1)
Was this person provoked?
166(4)
Was the reaction reasonable?
170(4)
3 Diminished responsibility
174(3)
Appendix I Family Law Act 1996 177(26)
Appendix II Protection from Harassment Act 1997 203(10)
Index 213
Lockton, Deborah; Ward, Richard