‘This international Handbook reviews the state of the law and practice regarding domestic abuse, particularly the increasing attention to coercive control, put on the international map by the remarkable, sadly deceased, Evan Stark. It is a valuable up-to-date compendium and overview on most of the key issues affecting victims, survivors and perpetrators whose cases appear in the legal system. While individual chapters focus on particular countries or states, these patterns and trends are largely universal. A must-read for anyone who wants to know what is happening in the law with regard to domestic violence.’

- Joan S. Meier, George Washington University Law School, US,

‘The Research Handbook on Domestic Violence and Abuse deserves to become a “go-to” text for students, academics, practitioners and policy-makers alike. Bringing together world-leading researchers to reflect on the experiences, opportunities and challenges associated with implementing responses to domestic abuse internationally, it provides a wealth of insight that can and should be used to improve access to justice across criminal and family court systems.’

- Vanessa E. Munro, University of Warwick, UK,

‘This magnificent, authoritative Handbook provides the reader a complete overview on the law on domestic violence and abuse. Scholarly, thoughtful and insightful, it will be the first port of call for scholars in the field.’

- Jonathan Herring, University of Oxford, UK,

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.
Les mer
Contents 1 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 2 Defining coercive control: Problems and possibilities 9 Cassandra Wiener 3 Sharing and/or threatening to share private, sexual images without consent as an emerging strategy of coercive control 29 Charlotte Bishop 4 Chronic sexual violation: Sameness and difference – the challenge of recognising violation in relationships 44 Tanya Palmer 5 Silent suffering: LGBTQ+ intimate partner violence unveiled 62 Esra Ummak 6 The intersection of domestic violence, culture, social marginalisation and entrapment for Indigenous Women 77 Denise Wilson 7 Christianity and domestic abuse 95 Rebecca Barnes and Kristin Aune 8 Conceptualising domestic abuse in human rights law 115 Ronagh McQuigg PART II PROTECTION ORDERS 9 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 Innovative approaches to addressing domestic abuse in family courts 251 Rosemary Hunter 16 Coercive control and the family courts: Comparative perspectives from Australia and England/Wales 269 Anna Carline, Patricia Easteal and Lisa Young 17 Self-represented litigants and family violence: A comparison between England and Wales and Australia 286 Jess Mant PART IV CRIMINAL LAW AND CRIMINAL JUSTICE 18 Court proceedings in which victims of domestic abuse are accused of offending 305 Katy Swaine Williams 19 Inaccessible to women – the general defences of duress and self defence 325 Susan Edwards 20 Preparing a public perceptions study on the use of violent resistance as self-defence in domestic abuse cases 346 Vanessa Bettinson, Thomas Crofts and Nicola Wake 21 Grooming, ‘rough sex’ and coercive control in the criminal law: ‘Culturally mandated’ sex and violence against women 366 Julia Tolmie, Paulette Benton-Greig and Nicola Gavey 22 Re-framing prosecutorial perceptions of ‘justice’: Towards the goal of ‘thrivership’ 384 Antonia Porter 23 Prosecuting and sentencing domestic abuse in Scotland 401 Rachel McPherson 24 The law of evidence and the victim of domestic abuse 418 Tony Ward and Natalie Wortley
Les mer

Produktdetaljer

ISBN
9781035300631
Publisert
2024-09-27
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
464

Biographical note

Edited by Mandy Burton, Professor of Socio-Legal Studies, Leicester Law School, University of Leicester, Vanessa Bettinson, Professor of Law, Kayliegh Richardson, Associate Professor and Ana Speed, Assistant Professor and Solicitor, Northumbria Law School, University of Northumbria, UK