The Policing of Domestic Violence

This chapter concentrates on the powers and responses of the courts to domestic violence incidents, and to allegations of such violence. However, police actions and attitudes are crucial to the question of whether the law provides adequate protection against, and appropriate remedies for, domestic violence. Circular 60/90 marked a watershed in that it set in train a process of change in approaches to training and attitudes to the policing of domestic violence. The police role operates within the context of criminal law and of police powers which apply irrespective of the nature of the relationship. Non-consensual physical violence is recognised as unlawful by the criminal law, subject to limited defences, and gives rise to a wide range of potential criminal offences. The new statutory provisions that extend the criminal law and police powers have been introduced in the Protection from Harassment Act (PHA) 1997. An assault or battery does not necessarily involve apprehended or actual physical harm.