Pragmatism before principle: The limitations of civil law remedies for the victims of domestic violence

Abstract

This paper considers the implications of the implementation of the Law Commission's proposals to revise substantially the civil remedies available to victims of domestic violence in the Family Homes and Domestic Violence Bill. It reviews the current practice of accepting undertakings in lieu of making a court order and discusses whether this will undermine the intended impact of the new Bill. More generally, consideration is given to the practical obstacles that may impede the full effectiveness of the new legislation, including the pattern of restrictive judicial interpretation and practitioners' possible unwillingness to change established practice in this field

Key Words:

• domestic violence
• civil remedies
• limitations