Practice and Precedents
By Jane Wilson
The Law Society
THE SHAME THAT STILL WON’T SPEAK ITS NAME
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Jane Wilson’s book is essential reading for all involved in both criminal and civil jurisdictions as a fully comprehensive guide to all aspects of domestic abuse. The work explains the various options available including the law and procedure relating to applications for injunctive relief.
Law Society Publishing has included a CD which is extremely useful for those who like them! The downloaded material covers precedents, letters and checklists for: non-molestation and occupation orders; Housing Act injunctions; forced marriage protection orders; finding of fact hearings; and Protection from Harassment Act injunctions.
The book opens with a most useful common law definition as there is no specific crime (yet) of ‘domestic violence’ or a definition of domestic abuse in civil law concerning injunctions. However, this is the best definition:
“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”
This definition is shared between the CPS, ACPO and the Government and definitions of particular words are covered in detail. Therefore, the book takes account of new legislation including the Civil Partnership Act 2004, Domestic Violence Crime and Victims Act 2004, the Forced Marriage (Civil Protection)Act 2007 and the PD covering Residence and Contact Orders: Domestic Violence and Harm of 2009.
There are 13 chapters in 4 parts covering the following: the risk and impact of domestic abuse; injunction proceedings; domestic abuse and children; and criminal proceedings. The Annexes which are always a hallmark of Law Society books are arranged slightly differently so you will find them at the end of each of the 4 parts of the book. This actually helps with the flow of detailed information because of the different courts which are involved under or current jurisdictional structure.
From the practitioner’s point of view there is useful information for newer professionals on best evidence at hearings, and of particular importance is chapter 12 dealing with CAFCASS risk assessment and procedures from first appointment leading to the finding of fact hearings including useful examples in some of the more unusual circumstances.
Both the Law Society and Jane Wilson are to be congratulated on producing a most important work for 2010 at a time when many households will experience economic stress.
We gave this review the title “the shame that still won’t speak its name” because much of what is raised here affects many more people than it is comfortable to count- so, it is quite probable that this area of law will gain a greater visibility in the coming years as the politicians still fail to agree on repeal the aged legislation we are still relying on despite persistent protests from the Criminal Law Review: The Offences Against the Person Act. The time is now right for a full review and Jane Wilson has started it with this book.
Chris Brown opens up about his history with domestic abuse, and claims he's learned that hitting women is wrong.
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BY ANDREW HOWARD
ANCHOR CHANCE SEALES
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Another Lohan arrest in L-A Monday night - and it wasn’t Lindsay. Michael Lohan is now behind bars- saddled with a $200 thousand dollar bail after allegedly beating up and locking down his girlfriend. Fox News has the details....
REPORTER: “West Hollywood Sheriff detectives said they received a call around 9 p.m. last night with allegations of domestic violence. Now he was booked on suspicion of these charges. Preventing report of victimization, false imprisonment, and inflicting corporal injury on a cohabitant. Apparently a girlfriend said they got into an argument, it got physical, and he allegedly prevented her from calling 911, held her against her will and caused minor injuries.”
Allegations of beating someone up- and then holding them hostage...not so popular in the blogosphere.
Perez Hilton writes....“Gross. He is seriously just the worst. Here's hoping something actually comes from these charges and he gets the book thrown at him. We're tired of this constant nonsense.”
With all of the drama surrounding the Lohan family - Hollyscoop wonders who’s worse these days- dad or daughter?
“Lindsay still seems like a lost child, Michael is a grown man. They both need some serious therapy sessions.”
But Zoey News has a different take - saying that this could be a good thing for the estranged duo.
“Maybe he can bond with his daughter a little more if they both are incarcerated at the same facility.”
But Hollywood**** is just plain tired of hearing about the Lohan family.
“Does this family think they need to get arrested every time they're out of toothpaste?”
Speaking of arrested, The Buffalo News reports Lindsay may be close to accepting a plea deal for allegedly stealing a necklace earlier this year. The bargain would include time behind bars. So, daddy-daughter bunkmates?
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Transcript by Newsy.
Diagnose an abusive relationship and you will be on your way to ending domestic abuse. Getting a definitive, objective diagnosis can put you in the “stop-guessing” mode and into the “start-treating” mode in moments.
A Must See: Watch this exclusive Muslim Men Against Domestic Abuse (MMADA) interview with Imam Zaid Shakir on the problem of domestic abuse.
Please leave a comment and let us know what you think. Keep in mind that this is an abridgment of the original interview.
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Life is short. Take a stand.
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Sometimes the accusation is the only damage.
One in four women in the U.S. is affected by domestic abuse, and abusers kill as many as 1,500 women and children each year, injuring and threatening tens of thousands more. Mary Kay Ash Charitable is donating $3 million in grant awards to 150 shelters/safe houses in all 50 states. Each shelter/safe house will receive a $20,000 grant that will help insure that women and children have a safe environment.
Video produced by MMImedia for the Northern Virginia Coalition NOVACO, a Fairfax, VA program for women and children victims of domestic abuse. Distributed by Tubemogul.
This social experiment was carried out using hidden cameras in a townhouse complex in Johannesburg. Don’t condone violence by doing nothing. If you or anyone around you is experiencing domestic abuse please call the POWA helpline on 083 765 1235 or visit www.powa***.za <*******www.powa***.za> . Counseling services and support is available.
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BY CHANCE SEALES
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Cat got your tongue? No? Maybe your wife does... in her mouth. Yeah, it really happened. WFRV introduces Sheboygan’s most famous ...uh...tongue twister.
“Police got a call that she bit her husband’s tongue off last night. When police arrived on the scene, police say they found the 57-year-old woman singing Christmas carols. When they approached, police say she blew a party horn in one officer’s ear and threw a cup of coffee at them.”
Gawker has even more juicy details to chew on…
“Lueders was apparently on the toilet when Willard went to kiss her. (Weird!) When he went in for the kill, she apparently entered a ‘manic state,’ biting his tongue off and grabbing his junk.”
So what’s the 79-year-old victim’s response? WLUK says…turn the other cheek. A tip, if we may: don’t let Karen too close to it.
“Willard Lueders doesn’t believe his wife is responsible for biting his tongue. He says her mental state caused her to do it. He says over the past several days, she was in a manic, talking very fast and talking about spiritual things.”
But the spiritual talk makes sense. The Smoking Gun found out, she’s a leader at Faith Alliance Church.
“… Karen Lueders is a ‘full-time Activity Director for the elderly’ who shares ‘a music ministry named ‘His Harmony’’ with her husband. …[and] ‘teaches good thoughts in Christ are mandatory for a life of love and service.’”
Once in court, WKOW says the tongue biter’s behavior just got more bizarre.
LUEDERS: “I really need to thank you. Thank you. (Bailiff: Okay, keep going). I love you. It’s too bad you don’t listen. I loooove you! (Bailiff: Come on Karen, let’s keep going) Karen Lueders!”
At the end of the day... Willard got his tongue re-attached. And Karen got a mental evaluation. She faces felony domestic abuse charges.
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Nicolas gets arrested in New Orleans and charged with domestic abuse and disturbing the peace after an argument with his wife Alice.
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BY AMY WILLMOTT
ANCHOR ANA COMPAIN-ROMERO
Family Guy might have taken a dark turn this Halloween. After an episode that features domestic abuse, many viewers are saying the show crossed the line.
CNN’s Showbiz Tonight’s asked Doctor of Psychology, Wendy Walsh, who says the writers, who are normally some of the best satirists out there, didn’t follow the rules of good comedy.
“They made fun of the victim more than they made fun of the assailant. Yes, they did allude that he was uneducated and without a job, and in the end, they killed him. But the main theme of the show was about this poor stupid woman who was too dumb to leave her relationship, her abusive relationship. And domestic violence is far more complicated than that.”
In a review of the episode, a writer for AOL said - subject matter or no - the episode achieved something.
“So while it may not have had nearly the extent of laughs we're used to, the episode still managed to leave us satisfied ... if a little uncomfortable at the same time. Plus, it left us thinking. And that's saying something.”
Family Guy has always challenged boundaries, but Yidio says...
“There are times to push the envelope creatively … But centering an episode around how hilarious it is that Quagmire's sister is being abused is not the right way to get us to say ‘Wow, they went there.’”
Although Family Guy didn’t quite follow the ‘Halloween Special’ trend this October, their dark episode on domestic violence scared some viewers, including one writer from Jezebel.
“Personally, I'm way beyond being offended by the show — I've long been numbed to shock-value offensiveness — and had stopped watching years ago anyhow. But being a sucker for a Halloween-themed episodes, I tuned in to Fox's ‘animation domination’ comedy block last night. What I saw was seriously awful.”
Meanwhile, in one review of the episode, a writer from tvfanatic think that the show’s portrayal of domestic abuse showed a new side to the sitcom..
“I was afraid that Family Guy would go too far with its jokes. Fortunately, it didn’t. At least not to me. But it did take the alternate route of simply not being very funny.”
Mediaite reports FOX has refused to air only two episodes of Family Guy in the past, because of the content; an episode about abortion and another that relied to heavily on Jewish themes for jokes.