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No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

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No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales. / Bates, Lis; Hester, Marianne.

In: Journal of Social Welfare and Family Law, 08.08.2019.

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@article{97d531d723944478aa704c0c7a2e1fd5,
title = "No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales",
abstract = "This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms. The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.",
keywords = "protection orders, non molestation orders, restraining orders, domestic violence protection orders, civil justice, injunction, Domestic Abuse Bill, Domestic Abuse Protection Order",
author = "Lis Bates and Marianne Hester",
year = "2019",
month = "8",
day = "8",
language = "English",
journal = "Journal of Social Welfare and Family Law",
issn = "0964-9069",
publisher = "Sweet & Maxwell",

}

RIS - suitable for import to EndNote

TY - JOUR

T1 - No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

AU - Bates, Lis

AU - Hester, Marianne

PY - 2019/8/8

Y1 - 2019/8/8

N2 - This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms. The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.

AB - This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms. The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.

KW - protection orders

KW - non molestation orders

KW - restraining orders

KW - domestic violence protection orders

KW - civil justice

KW - injunction

KW - Domestic Abuse Bill

KW - Domestic Abuse Protection Order

M3 - Article

JO - Journal of Social Welfare and Family Law

JF - Journal of Social Welfare and Family Law

SN - 0964-9069

ER -