DOMESTIC ABUSE IN ENGLAND AND WALES

Abstract

The necessity of implementing effective legislative and institutional mechanisms to prevent domestic abuse in modern states is driven by several important reasons, reflecting the desire to ensure fundamental rights and freedoms of citizens as well as the need to address social, economic, and legal issues. This issue is particularly significant due to its profound impact on the social structure of society, especially on women and children. Establishing an effective system to prevent domestic abuse not only promotes gender equality and social justice but also helps to prevent negative impacts on the physical and mental health of victims.

Regarding the United Kingdom, the development of legislation and a system to prevent domestic abuse has undergone several key stages, representing a gradual transition from ignoring the problem to recognizing its societal significance and the need for comprehensive measures to protect victims. In the 1970s, feminist movements began to draw public attention to this issue. In subsequent years, several laws addressing domestic abuse were enacted, notably the Family Law Act 1996, which defined various forms of victim protection, including occupation orders and non-molestation orders. This law allowed victims to independently seek protection from the court. Equally important was the Domestic Abuse Act 2021, one of the most comprehensive laws in this field, which includes definitions of various forms of violence (physical, sexual, economic, emotional). Significant steps towards resolving these issues also included the establishment of the position of Domestic Abuse Commissioner and the ratification of the Istanbul Convention.

It is worth noting that although significant progress has been made over the past few decades in this area, and certain judicial practices have been established, many problematic aspects remain due to the specificity of this field, which we address in this article. Nonetheless, we hope that studying this experience can assist legal scholars and legislators from other countries, particularly Ukraine, in implementing and developing the most effective tools: various forms of court orders such as occupation orders and non-molestation orders; domestic abuse protection notices/orders; defining the actions of police and other law enforcement agencies  in  domestic  abuse  cases;  and  collaboration  with  community  organizations.
Therefore, studying the British experience in combating domestic abuse can be an important step for Ukrainian legal scholars towards improving national legislation, implementing effective legal protection mechanisms, and creating a safer and more just society.