ABSTRACT
Prior to the introduction of statutory protection beginning in 1976, victims had only two forms of civil protection at their disposal. Although the most common manifestation of domestic violence is physical assault, which is a criminal offence, there are many reasons why victims of such violence may wish to use the civil rather than the criminal law. Until recently, however, English law did not recognise a tort of harassment or molestation per se, and thus an injunction between unmarried parties would only be issued to support an existing legal or equitable right. Although at first glance it would appear that the availability of remedies in civil law to protect victims of domestic violence were more than adequate prior to the enactment of the Family Law Act (FLA) 1996, the reality is very different. The position in relation to applicants under the Domestic Proceedings and Magistrates' Courts Act (DPMCA) 1978 is even more restrictive.
