No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

Abstract

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders. The paper identifies an increasing civil-criminal 'hybridisation' of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being usedas intended-flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms. The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.

Reforming the Landscape for Women who Kill their Abusers in Scotland

“…In keeping with other jurisdictions, Scotland has experienced a "hybridisation" (Bates and Hester 2020) of legal responses to domestic abuse. Since 2001, there have been numerous developments which have strengthened civil protection orders by criminalising the breach of such orders (McPherson 2022b).…”

Examining reasons for victim retraction in domestic violence and abuse: A qualitative analysis of police retraction statements in the United Kingdom

“…The availability of criminal and civil remedies in DVA is something unique to DVA victims (Jordan, 2004) yet thereby also creates an area lacking in transparency for victims in knowing which route to choose. For some, this results in a hybridisation of civil and criminal remedies (Bates and Hester, 2020) where victims achieve justice by means of a mixture of both criminal and civil measures to the offences they report. Obtaining civil orders is often seen as a preferable measure against DVA due to empowering victims more by giving them a choice in accessing the protection often within a better timeframe: V21 [Abuser's name] has not contacted me since he was arrested and I feel he no longer will.…”

‘You’re having us on … that’s what it felt like.’: Frontline Workers Navigating the Introduction of Moral Commitments to Domestic Abuse Support within a Statutory Homelessness System

“…It rejects a narrative of disempowerment associated with victimhood (Meyers, 2011), rather recognising abuse as caused by gender-based structural violence (Sweet, 2015). Extending the recognition of female citizenship and consequent right to protection from gender-based abuse, the distinct expertise of those working in the area has been integrated into development of policy and legislative frameworks to address domestic abuse, and, following decades of strategic campaigning from the sector, domestic abuse has been reframed as a criminal, rather than private matter (Charles and Mackay, 2013;Ishkanian, 2014;Jurasz, 2019;Bates and Hester, 2020;Sweet, 2021). However, the legally enforceable rights of those who have experienced domestic abuse to other forms of help and support aside from punitive action toward perpetrators has not substantially improved despite these declarations of moral obligation.…”