Family Law Assignment: Domestic Violence, Crime Act 2010, Remedies

This assignment delves into key aspects of family law, specifically addressing domestic violence and the Crime and Security Act 2010 in the UK. It defines domestic violence, referencing the Domestic Abuse Act 2021, and explores the legal remedies available to victims, including police intervention, court orders, and divorce proceedings. The assignment analyzes the Crime and Security Act 2010, highlighting provisions for victim protection, such as domestic violence protection notices, and the responsibilities of law enforcement. Furthermore, it examines the grounds for divorce, the time limits for reporting domestic violence, and the considerations for property division, maintenance, and child custody. The assignment uses a case study to illustrate the application of these laws and provides relevant references to support the analysis.

Family Law

Table of Contents
Question: 1.......................................................................................................................................3
Domestic violence.......................................................................................................................3
Question :2.......................................................................................................................................4
Crime and Security Act 2010......................................................................................................4
Question :3.......................................................................................................................................5
REFERENCES................................................................................................................................1

Question: 1
Domestic violence
Domestic violence is defined as the abuses which can be physical, phycological and
emotional. The definition of the domestic violence is defined under the Domestic Abuse act
2021. It is an act that is designed in order to make other person feel inferior or dependent by
isolating them1. The government has made various legislation in order to control the rate of
increasing domestic crime and punish the offender by putting various charges and imprisonment.
It has been observed that in the cases related to domestic violence the immediate step that is
taken by the victim is to call the police for the help. The other remedy that is obtained by the
victim is to the court order which legally prevent the partner from committing any act towards its
partner such as harassing and threatening etc.
As per the case study, Gail(victim) is suffering from the domestic abuse by her
husband(Carl). The acts committed by Carl was increasing which was having negative impact
on their child which can also impact her future2. The laws in the UK related to the domestic
violence have made the provisions more stringent and provides with various remedies to the
victim in order to stop the acts. In order to stops this act and for the safety of Julia . It is
suggested to Gail to file of the divorce against the husband3. Although it is long process which
involves the settlement related to the finance and custody of the child but in order to stop these
acts it is necessary to take action against the offender and consider the safety. The court
considers all the relevant matter that is related to the case and provide remedy to the victim in
order to stop the domestic violence against the person4. According to the case study, in order to
stop the illegal act the long term remedy available to Gail is to file for divorce for the safety of
the child and court can also charge and impose penalty on the offender related to the loss
suffered by the victim.
1 Heron, and et.al., 2022
2 Fahmy, Eldin, and Emma Williamson, 2018
3 Alshammari, ,and et.al.,2018
4 Katz, and et.al., 2020

Question :2
Crime and Security Act 2010
As per the Crime and Security Act 2010 , various provision have been mentioned
ion order to provide security to the victim and also various restrictions is imposed on the
offender and retain him from committing any further offences. It also includes the domestic
violence provisions that is committed against victim and in that case the victim can seek
protection under the Crime and Security Act 20105. The government after considering the
seriousness of the offence has made the provision stricter and provide security to the victim .
According to the case study the short term possibility for Gail is that under the Crime and
Security that is available are under section 24 of the act. Under the section after the enquiry
being conducted police officer has the power to issue the domestic violence protection notice for
the safety and security of the victim6. Under the section the member of the police department
who is not below the rank of superintendent has the power to issue the domestic violence
protection notice after considering all the facts and evidences received during the investigation.
Gail can seek protection under this act which will prevent Carl from committing any such illegal
act or domestic abuse7. Before seeking protection under this act , the respective police offer has
the responsibility to conduct the enquiry regarding the age of the victim and the domestic abuse
that is undergone by the victim. Gail can not only seek protection for herself but also for Julia in
order to protect her form the violent behaviour of the husband.
Furthermore, before issuing such notice it is also should be taken into account the valid
ground for issuing such notice against the offender and also for the security of the victim8. On
further issuing the notice it is necessary for the person against whom the notice in issued to
comply with all the condition mentioned in it as non-complying will result into breach of the
5 Shashkova, Anna Vladislavovna, 2018.
6 Duggan, Marian, and Jamie Grace. 2018.
7 Duggan, Marian. 2018.
8 Amankwaa, and et.al., 2018.

notice as mentioned under section 26 of the Crime and Security act 2010 and is required to
present before magistrate in 24 hours.
Question :3
The laws regarding the protection to the victim against the illegal acts that is committed
by the offender. In order to file for the divorce one of the party should have reasonable grounds
to be presented before the court which can be considered by the court in order to proceed with
the divorce proceedings. According to the law in order to seek short term remedy it is to be
reported within the time limit for the protection9 . As per the case study there were various
possibilities available to Carl in order to seek remedy. The events were the physical abuse that
was suffered by the victim because of the rude behaviour of the offender. One of the major
reason in which Carl can seek remedy was the ill-treatment that is done by the offender in
frustration which can have negative impact on the mental health of the child10. After suffering
from all these it was the duty of the victim to call the police and report about the incident
suffered by the victim. Every law has its time limit in which it has to be reported to the police in
order to seek short term remedy to the person suffered. According, to the law the victim of the
offence has been given the time period of six months and the prosecution will commence within
the six months of the offence committed11. Furthermore , the law states that the trial can moved
to six months from the date when the incident is reported to police and the overall limit is two
years. AS per the case study if Carl file for divorce case all the property of the husband and Carl
should be properly taken into account and by considering all the facts and about the child will be
distributed among the parties and apart from this the offender party is also liable to provide
maintenance to the wife and child as the provisions of the law12. Thus, in order to seek remedy it
is necessary to file the report in the given time period.
9 Ali, and et.al., 2021.
10 Mills, and et.al., 2019
11 Stark, Evan, 2018.
12 Webber, Frances. 2019.

REFERENCES
Books and journals
Ali,and et.al., . "COVID-19 and domestic violence: impact on mental health." Journal of
Criminal Psychology (2021).
Alshammari,and et.al., "Nurse education and understanding related to domestic violence and
abuse against women: an integrative review of the literature." Nursing open 5, no. 3
(2018): 237-253.
Amankwaa,and et.al., . "The UK national DNA database: implementation of the protection of
freedoms act 2012." Forensic Science International 284 (2018): 117-128.
Duggan, Marian, and Jamie Grace. "Assessing vulnerabilities in the domestic violence disclosure
scheme." Child and family law quarterly 30, no. 2 (2018): 145-166.
Duggan, Marian. "Victim hierarchies in the domestic violence disclosure scheme." International
review of victimology 24, no. 2 (2018): 199-217.
Fahmy, Eldin, and Emma Williamson. "Poverty and domestic violence and abuse (DVA) in the
UK." Journal of gender-based violence 2, no. 3 (2018): 481-501.
Heron,and et.al., . "barriers and facilitators of disclosing domestic violence to the UK health
service." Journal of Family Violence 37, no. 3 (2022): 533-543.
Katz,and et.al., . "When coercive control continues to harm children: Post‐separation fathering,
stalking and domestic violence." Child abuse review 29, no. 4 (2020): 310-324.
Mills, and et.al., . "A randomized controlled trial of restorative justice-informed treatment for
domestic violence crimes." Nature human behaviour 3, no. 12 (2019): 1284-1294.
Shashkova, Anna Vladislavovna. "Corruption is a problem of political theory and
practice." Montenegrin Journal of Economics 14, no. 3 (2018): 143-154.
Stark, Evan. "Coercive control as a framework for responding to male partner abuse in the
UK." The Routledge handbook or gender and violence (2018): 15-27.
Webber, Frances. "On the creation of the UK’s ‘hostile environment’." Race & Class 60, no. 4
(2019): 76-87.
1

2