Restraining Orders following an Acquittal in Domestic Violence Cases: Securing Greater Victim Safety?

Abstract

This article explores the use of post-acquittal restraining orders in domestic violence cases. It considers whether these orders, civil in nature, should be imposed by a criminal court upon a defendant who has been acquitted. The procedural and human rights concerns of both the defendant of domestic violence cases and the victim are considered and the conclusion is drawn that these restraining orders can accommodate the balance between the interests of defendant and victim. It is argued that further training of prosecutors, judges and magistrates in the use of postacquittal restraining orders would further improve the Crown Prosecution Service's overall strategy to improve its performance in domestic violencerelated cases.Home Office figures estimate that 29 per cent of women and 16 per cent of men in England and Wales have suffered some form of domestic violence. 1 The impact of such violence extends beyond that of the individual victim; pressures are placed on welfare services such as health, children services and the criminal justice system along with economic losses through the inability of victims to work when they have physical and mental health injuries. 2 Particularly alarming is the extent to which domestic violence is directed at women, 3 with the European Court of Human Rights in Strasbourg construing domestic violence as a form of gender-based violence. 4 Tadros argues that domestic violence is * Senior Lecturer in Law,