Resolution’s response to the Domestic Abuse Working Group of the Family Justice Council.
General note on mens rea
All of the offences discussed below, with the exception of breaching a non-molestation order, require a mental state of least ‘recklessness’ (i.e. the defendant foresees the risk of the outcome but continues nonetheless) if not intention in order to be committed. They cannot be committed accidentally or inadvertently.
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 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. On occasion, it is the criminal proceedings that lead to family law problems.
Today's (19th Dec) Queen's Speech announced the re-introduction of the Divorce, Dissolution and Separation Bill, and the Domestic Abuse Bill.
Resolution has today written to political party leaders, urging them to prioritise much-needed family justice reforms in their election manifestos.
Nicki Norman, Acting co-chief executive of Women’s Aid, reports for The Review on how Women’s Aid...
- Members only
This toolkit is designed to help family solicitors and mediators who are not domestic abuse exper...
- Members only
This practice guide provides an overview of working within the Code of Practice when faced with the complex and sensitive matters associated with domestic abuse cases.
This introductory online course will give you an overview of domestic abuse, how it manifests itself and how you can identify if your client may have been a victim.
Resolution welcomes the report of the Parliamentary committee examining the draft Domestic Abuse Bill, and we hope the final Bill will reflect many of its recommendations.
Domestic abuse is when someone close to you, often your spouse or partner, causes you physical, social, mental, financial or emotional harm. The violence and abuse can be actual or threatened and can happen once every so often or on a regular basis.
The Domestic Abuse committee works to develop and promote the awareness of issues around all aspects of domestic abuse.
Margaret Heathcote, National Chair of Resolution, comments as government publishes their draft domestic abuse bill.
Resolution, The Law Society and Women’s Aid have issued a joint call to the government to urgently bring forward promised legislation banning the cross-examination of domestic abuse victims by alleged perpetrators in the family courts, ahead of a parliamentary debate on the progress in protecting victims of domestic abuse in the family courts today (Wednesday 18thJuly).
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.