Civil law remedies for domestic violence: why are applications for non-molestation orders declining?

Abstract

This article reports on the findings of a review examining trends in applications for personal protection orders under domestic violence legislation. It was carried out for the Legal Services Commission and draws upon their data relating to the funding of domestic violence proceedings in England and Wales. It considers explanations for the decline in applications for civil remedies, including the possibility that some victims may be turning towards the criminal justice route due to improvements in the police and prosecution response to domestic violence. It examines obstacles to accessing non-molestation orders under the Family Law Act 1996 and considers whether victims of domestic violence find the civil law a useful resource. The article contributes to the ongoing debate about the relevance of the public/private dichotomy for analysing legal responses to domestic violence.

Keywords:

• domestic violence
• civil remedies
• trends in applications
• legal advice
• enforcement procedures
• victims' choices

Acknowledgements

The review was carried out with funding from the LSC and the author would like to thank them for access to their data and permission to publish. Thanks also to the anonymous reviewer for helpful comments.