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Research Handbook on Domestic Violence and Abuse

Research Handbook on Domestic Violence and Abuse

Author: Mandy Burton; Vanessa Bettinson; Ana Speed
Publisher: Edward Elgar Publishing
ISBN: 9781035300631
Published In: September 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This Research Handbook examines the evolution of understandings and legal definitions of domestic abuse, illustrating the importance of expanding these beyond physical violence to encompass coercive control. Drawing on academic literature, legal doctrine and the lived experiences of victims and survivors, it highlights how responses to domestic abuse can be improved in civil, family and criminal justice systems.

Through an analysis of global legal developments, contributing authors identify failures in the handling of domestic abuse and provide expert insight into how to address these. They focus in particular on the law and processes for obtaining protection orders across jurisdictions, and the handling of domestic abuse in financial and child arrangement proceedings following the breakdown of a relationship. Chapters also cover key issues such as LGBTQ+ intimate partner violence, the prosecution and sentencing of domestic abuse and defences for victims/survivors. The Research Handbook emphasises the importance of effective legal responses to domestic abuse in fulfilling human rights treaty obligations.

The Research Handbook on Domestic Violence and Abuse is an essential resource for scholars and students of family law, criminal law, criminal justice and social policy. It is also an important guide for legal professionals seeking to sensitively handle cases involving domestic abuse.

Introduction to the Research Handbook on Domestic Violence and Abuse 1

Mandy Burton, Vanessa Bettinson, Kayliegh Richardson and Ana Speed

PART I. DEFINING DOMESTIC ABUSE AND CONTEXTS

Defining coercive control: Problems and possibilities 9

Cassandra Wiener

Sharing and/or threatening to share private, sexual images without consent as an emerging strategy of coercive control 29

Charlotte Bishop

Chronic sexual violation: Sameness and difference – the challenge of recognising violation in relationships 44

Tanya Palmer

Silent suffering: LGBTQ+ intimate partner violence unveiled 62

Esra Ummak

The intersection of domestic violence, culture, social marginalisation and entrapment for Indigenous Women 77

Denise Wilson

Christianity and domestic abuse 95

Rebecca Barnes and Kristin Aune

Conceptualising domestic abuse in human rights law 115

Ronagh McQuigg

PART II. PROTECTION ORDERS

Will domestic abuse protection notices and orders improve victim protection and assure the United Kingdom’s compliance with the Istanbul Convention? 131

Claire Bessant

10.

Civil protection orders when crossing jurisdictional lines: Gaps in the law and a call for reform to better protect victims of domestic abuse 150

Ana Speed and Lauren Clayton-Helm

11.

‘We’re not the polite police’: LGBTQ+ domestic and family violence victim-survivors’ experiences with legal actors when seeking help via the civil protection order system in Australia 169

Ellen Reeves

12.

Can law provide survivors with safety? Legal mobilization, legal consciousness, and protection order decision-making 185

Kathryn J. Spearman, Alesha Durfee, Jill Theresa Messing and Meredith E. Bagwell-Gray

13.

The financial remedy application and beyond: To what extent is the victim-survivor protected from further abuse? 202

Kayliegh Richardson and Amanda Newby

PART III FAMILY COURTS

14.

Domestic abuse, parental alienation and Family Court proceedings 224

Adrienne Barnett

15.