NCJ Number
76207
Journal
NEW LAW JOURNAL Volume: 129 Dated: (March 8, 1979) Pages: 251-254
Date Published
1979
Length
4 pages
Annotation
The English Domestic Violence and Matrimonial Proceedings Act of 1976 was designed to make the protection of the law widely and easily available on short notice to persons needing immediate relief, but several features of the law hinder lawyers from succeeding.
Abstract
Although the inefficiency of private practice lawyers may be one of the stumbling blocks for obtaining relief through this act, many features of the act itself prevent lawyers from procuring help for battered women. The prohibitive injunction for a woman in English law is beset with legal and procedural complexities, making the laws appear toothless in practice. An injunction demands that a lawyer take a number of factors into account on very short notice, and the client is often hysterical, further complicating the situation. Lawyers must usually settle pleadings without resorting to counsel so that they can satisfy a judge on an ex parte application. The pleadings must still be of sufficient standard in a week or more to cover all possible points which might or might not arise on mature reflection. The lawyer has to consider which court has jurisdiction, whether the applicant is unmarried, and whether she is still cohabiting or not. Because the expenses of legal practice cannot be born upon altruism, the lawyer must obtain an emergency legal aid certificate, the procedures for which are time comsuming. The lawyer must cope not merely with the complex draftsmanship but also with the sheer physical act of having the documents typed and then sworn before they can be filed. Having obtained the order, the lawyer must arrange for the physical act of typing and sealing it and then obtaining a photograph of other sufficient identification of the proposed respondent and procure a private detective to effect service. The lawyer may then be asked to give advice to the police who do not know civil law. Besides these difficulties, many women, if they have the courage to file a complaint in the first place, are sufficiently afraid of retribution that they will not follow up on an injunction. Moreover, even if the woman succeeds in obtaining legal aid, should she file for divorce and receive financial provision, under certain conditions she may have to pay for the injunction proceedings from the proceeds of her financial provision application. It was hoped that the act would provide a quick, efficient and easily worked remedy for the battered wife, but clearly it is only a beginning which requires more legislative thought. No references are given.