A change in the law has put women ‘at risk’ as domestic violence victims do not want partners who breach non-molestation orders to be jailed, practitioners have warned.
Family lawyers claim the number of applications for non-molestation orders has ‘fallen significantly’ since the law was changed in July 2007, making it a criminal offence to breach orders punishable by up to five years’ imprisonment or a fine.
Some 16,033 applications were made in 2007, down from 16,937 in 2006, according to the Courts Service.
Figures for the first half of 2008 are not yet available but applications in 2005 and 2004 also confirmed a downward trend.
Christina Blacklaws, a partner at London firm Blacklaws Davis and Law Society council member for child law, said: ‘The number of people enquiring about orders has fallen significantly.’
She said many women did not want the father of their children to have a criminal record.
‘I understand the principle and justification for criminalising breaches, but the unforeseen and unintended consequence is that fewer applications are being made and more women are at risk,’ said Blacklaws.
Audrey Venables, head of family law at north-west firm Forshaws Davies Ridgway, said: ‘We have to advise women... to think carefully about the financial impact the breach of an order may have on their family.’
Jane Wilson, chairwoman of Resolution’s domestic abuse committee and a partner at northern firm Hall Smith Whittingham, agreed there had been a decline in applications but said underlying causes were not clear cut. Wilson suggested the drop could be explained by the police taking domestic violence more seriously – making injunctions unnecessary – or difficulty in finding a solicitor to take on a case.
A spokesman for the Ministry of Justice said it was too early to say whether the fall was part of a trend, but said Home Office figures showed a rise in reporting, which suggested growing confidence among victims.
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