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Embargoed: Tough new powers to help victims break cycle of domestic violence

News Release issued by the COI News Distribution Service on 28 September 2009

Embargoed: not for publication or broadcast before 00:01 Tuesday 29 September 2009

Violent partners will be banned from their homes and their victims given support to escape abuse under new proposals due to be unveiled today by Home Secretary Alan Johnson.

Police will be able to initiate a Domestic Violence Protection Order, also known as 'Go' orders, barring perpetrators of domestic violence from their homes for up to a fortnight, giving their victim breathing space to consider their options.

Today the Home Secretary is expected to outline the powers which will be reinforced by support for victims. Local caseworkers will use the period of the order to advise the partner about services if they decide to leave the relationship including practical help to secure a longer-term injunction.

Home Secretary Alan Johnson said:

"We must never accept that violence against women and girls is best left behind closed doors.

"It is not right that victims of domestic violence, who have already suffered so much, are forced out of their home. It is both safer and fairer to remove the abuser.

"These measures will give abused partners valuable breathing space to consider their options supported by trained caseworkers who can help them escape the cycle of violence.

"Like restraining orders which come into force tomorrow, 'Go' orders will be another valuable tool to help protect victims and tackle perpetrators of domestic violence."

Sandra Horley OBE, Chief Executive of Refuge, said:

"Protecting abused women and children is at the heart of what Refuge does. These new orders will protect women from further risk of domestic violence if they are implemented effectively.

"We hope the Government will underpin these positive initiatives with the funding and training needed to ensure this, and, in doing so, alter radically the number of women whose lives are blighted by domestic violence."

Nicola Harwin, CBE, chief executive of Women's Aid, said:

"Women's Aid really welcomes the government proposal to introduce new legal provisions to enable the police to protect vulnerable victims by removing abusive partners from the home for a temporary period, as similar provisions have been in operation elsewhere in Europe for several years.

"As evaluation of these programmes has shown, this police action can be very effective if victims also receive immediate help and support from specialist domestic violence services, to ensure that effective safety planning and longer term support and protection is put in place."

Domestic violence is a widespread problem. Around 750,000 incidents of domestic violence are reported to the police every year, resulting in 200,000 arrests.

Currently, victims only receive immediate protection if the police arrest and charge a perpetrator and appropriate bail conditions are set or a civil injunction is sought by the victim. If this does not happen, the only option for victims may be to escape to temporary accommodation.

In the future, following an arrest, where the police are not able to bring a criminal charge but are concerned about the on-going immediate risks to that victim police would be able to initiate a 'Go' order.

Police will be able to give evidence on the victim's behalf - using statements from other witnesses including neighbours, family and friends, and evidence of previous violent behaviour by the perpetrator. Breach of an Order would lead to the perpetrator being brought back to the Court for contempt which can lead to imprisonment.

The new Orders, which are based on successful models in countries such as Austria and Switzerland, are one of the emerging recommendations of a review of powers to address violence against women and girls being carried out by Brian Moore, Chief Constable of Wiltshire police, in his capacity as ACPO lead on domestic abuse.

New legislation will be required to implement the measures and will be introduced as soon as Parliamentary time allows. They will be piloted in two police force areas to test the impact of on the criminal justice system. Further details will be published later this autumn.

The powers will complement new restraining orders coming into force on 30 September to help protect victims of harassment including domestic abuse where an offender has been prosecuted for any criminal offence.

From tomorrow, criminal courts will have greater freedom to grant restraining orders when abusers appear before them, giving victims immediate protection and sparing them the ordeal of starting a separate civil action.

NOTES TO EDITORS

1. Variations on the powers have been implemented in countries such as Austria, Germany, Norway, Switzerland, the Czech Republic and, more recently, Poland.

2. The Austrian approach has been adopted as best practice legislation by the Council of Europe. Studies there have shown that the powers are widely used and the breach rate is very low at three per cent. In 12-month follow up interviews with victims, most were positive reporting their situation had improved or that they had realised they had to change their situation.

3. The Government has provided just over £7.8 million over the last 2 years to support the roll out of Independent Domestic Violence Advisors, Multi-Agency Risk Assessment Conferences (MARACs) and Independent Sexual Violence Advisers to provide independent support to victims of domestic violence through the criminal justice process and actively manage the highest risk cases. There are now over 700 IDVAs in post across England and Wales and over 200 local areas have MARACs in place which over the last 12 months have worked to protect over 29,000 victims of domestic abuse.

4. The Government continues to make significant progress in our drive to tackle domestic violence. Conviction rates are improving - 72 per cent of cases charged and brought to court at the end of 2008/09 resulted in a conviction compared with 60 per cent four years ago.

5. The Government is committed to ensuring that women and girls are not subject to any form of violence. This is why we have held a cross-government consultation, engaging with the public and front-line professionals and will publish our violence against women and girls strategy by the end of the year.

6. For more information, call the Home Office press office on 0207 035 3535.

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Contacts:

Home Office Press Office
Phone: 020 7035 3535
NDS.HO@coi.gsi.gov.uk