Knowledge and resources

It was with much interest and anticipation that I attended the session on domestic abuse, the new Act, Re H-N and practice at the #ResFPConf21. These have probably been some of the most topical and important issues for our team this year and so I was keen to delve deeper into the subject.

Re H-N & ors provides a very useful steer on a number of significant issues in children proceedings where allegations of domestic abuse are made.

This year I was lucky enough to be able to attend my very first Resolution National Conference. As a new associate member and in the current online climate, I was very much keeping an open mind in relation to what to expect. I have to say that with each presentation the experience became more and more enjoyable; a very insightful week indeed.

This judgment of Hayden J contains a wealth of advice and definitions to help practitioners with these difficult cases, including analysis of ‘the context of wider behaviour’.

C v D addresses the procedural issues and troubling assumptions made by the trial judge in F v H, but we will have to wait for a separate (conjoined) Court of Appeal decision to see if family law is going to catch up with criminal law in harm cases.

The new report stresses the need for fundamental reform and culture change. We must all take responsibility for making that change happen.

We set out below some of the offences most commonly encountered in cases where family and criminal law overlap.

Although Corker Binning is a specialist defence firm, we appreciate that family lawyers experience both sides of a criminal investigation in representing both complainants and the subjects of those complaints.

We often receive enquiries via family lawyers from complainants, or potential complainants, seeking advice on the procedure and likely consequences of criminal investigations and proceedings. Whilst it is not usually necessary for complainants to receive formal criminal law advice (although this can be arranged, for example where a client is particularly anxious about the process of providing evidence to the police, or where there is a risk of a counter-allegation), we are always happy to share the benefit of our experience.

As with most areas of contentious law, having to instruct a criminal or family lawyer is seldom a happy process for the client. Unfortunately, the nature of relationship breakdown means that all too often family proceedings result in the need for criminal advice.

Is the Domestic Abuse Bill the rescue craft sought by the family justice system? This article for The Review takes a look at it.

The Covid-19 lockdown is an incredibly dangerous time for survivors of domestic abuse. It has been widely reported that domestic abuse organisations have seen a huge increase in contact since the lockdown began. Refuge, for example, has reported an increase of online traffic to its National Domestic Abuse Helpline of 700%. Following media coverage of the helpline, calls and logs on 6 April 2020 were up by 120% compared to the previous day.

Resolution’s response to the Domestic Abuse Working Group of the Family Justice Council.

Nicki Norman, Acting co-chief executive of Women’s Aid, reports for The Review on how Women’s Aid has been campaigning for safety first policies and measures in the family courts.

The Domestic Abuse committee works to develop and promote the awareness of issues around all aspects of domestic abuse.

Resolution’s Domestic Abuse Committee responds to the consultation: Transforming the response to domestic abuse.

Resolution's response to the 2012 Home Office consultation on the cross-government definition of domestic violence.