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.
Please visit our webpage www.mmada****, sign our pledge, join our Facebook group, and spread the word far and wide.
Music by Native Deen ("Deen you know").
Please visit www.mmada****, sign our pledge, and look for us on Facebook.
Music by Raihan.
BY ANDREW HOWARD
ANCHOR CHANCE SEALES
You're watching multisource entertainment video news analysis from Newsy
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?
Follow Newsy on Twitter Newsy_Videos for updates in your daily stream.
Get more multisource entertainment video news analysis from Newsy.
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.
Take a stand. Sign the pledge at *******mmada****.
Life is short. Take a stand.
Music by Native Deen.
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.