W ORKING W ITH C HILDREN, Y OUNG P EOPLE AND F AMILIES Dysfunction Through Domestic Violence Myles Gilbert James Leverton Nikki Mulder Dave Welsh Megan White

D YSFUNCTION T HROUGH D OMESTIC V IOLENCE A Short Film: Definitions of Domestic Violence: ‘ any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality’. (Home Office, 2011). domestic violence is physical, sexual, psychological or financial violence that takes place within an intimate or family-type relationship and that forms a pattern of coercive and controlling behaviour. This can include forced marriage and so-called 'honour crimes'. Domestic violence may include a range of abusive behaviours, not all of which are in themselves inherently 'violent'. (Women’s Aid 2007)

D YSFUNCTION T HROUGH D OMESTIC V IOLENCE DV is seen in law as “Essentially PRIVATE”, however there is an increasing recognition of the context of child protection. In CA 1989 the change to the definition of HARM of a child now includes “impairment suffered from seeing or hearing the ill treatment of another”. CA2004 puts a duty on LAs to make arrangements to safeguard children in their areas who are living in households that contain DV. Legal remedies are provided through the Family Law Act 1996 with modernisation of this through the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004) with a view of strengthening the rights of victims and witnesses and introduces new offences and sanctions for perpetrators. (Bramer, 2010)

D YSFUNCTION T HROUGH D OMESTIC V IOLENCE The DVCVA amends the Law in two respects. 1. it enlarges the class of associated persons (who are partners) now says “Cohabitants are two persons who, although not married to each other, are living together as husband and wife or (if of the same sex) in an equivalent relationship. 2. A person is associated with another person if:- “they have or have had an intimate personal relationship with each other which is or was of significant duration. (tries to include boyfriend and girlfriend). (Brammer 2010) Additionally, there has been a change to the way breach of “non- molestation” orders are enforced. A person must have reasonable excuse for breaching the order, if they don’t have an excuse they are guilty of the offence and can be found guilty for an “insignificant” breach. (Family law week, 2012) There is an introduction of “familial homicide” and providing power of arrest for common assault.

D YSFUNCTION T HROUGH D OMESTIC V IOLENCE The drive to change was from women’s groups who were seeking equality in “all forms of relationships” (Walklate, 1996) Particularly in issues of power relationships in respect of DV and female rape (Rock, 1990) In 2000 there was a move (with pressure from the home office )to a “partnership approach” of multi-agencies” working towards tackling abuse and supporting victims. (Home Office, 2000a) However police recording of DV is suggested to be 45% of actual with a further 44% of victims withdrawing their complaints (Gaurdian 2004) Previously, police found DV as a private matter and very difficult to police so it was largely ignored. Heidensohn (2003) Police are stated as being more positive in their actions to the policing of DV however there is still an element of junior frontline officers not being aware of the law and policy on DV thus still not being completely engaged in its prevention. Recent Changes:

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