ABSTRACT
The Government’s strategy for improving the civil justice response to domestic violence primarily relates to enhancing the process for enforcing civil orders once breached. In the past there have clearly been some difficulties with the effective enforcement of injunctions. This chapter will examine whether the provisions for strengthening enforcement, in the Domestic Violence, Crime and Victims Act 2004, are well placed to remedy the previous deficiencies in enforcement. However the question of enforcement only becomes relevant once an order is in place and, as was seen in the previous chapter, obtaining a protective order in itself can be a significant challenge for victims of domestic violence. The remedies available under the Family Law Act 1996 rely on action taken by the victim to secure protection; an ‘associated person’ can apply but no-one can apply on her behalf. In some other jurisdictions, third parties such as social workers or police officers can apply for protective orders on behalf of victims of domestic violence. There is an unimplemented provision in the Family Law Act 1996 for designated third parties to apply for protection orders on behalf of victims of domestic violence in England and Wales. This chapter will consider whether this provision ought to be implemented and whether it has any potential to bring about significant improvements in the civil justice response to victims of domestic violence.
