Tuesday 19 January 2016

The right to an opposite-sex civil partnership?

The interesting case of Rebecca Steinfield and Charles Keidan will be heard this week, where they await to see if a High Court judge will allow them to form a civil partnership - much like the thousands of same-sex couples who have this union.

Steinfield argues that the 2004 Civil Partnership Act is discriminative, as a civil partnership is not open to “anybody and everybody regardless of sex or sexual orientation.”

Their claim is against the government’s equalities office.

Steinfield also draws upon the fact that staying as a cohabiting couple, they would lack the legal protections afforded to married couples and  particularly legal protections for women - who she argues can often be left in a more vulnerable position.

The pending decision could affect around three million heterosexual couples who live together outside wedlock and lawyers estimate that more than half a million of them could opt for a civil partnership if given the chance.

An online petition in favour of civil partnerships for opposite-sex couples has so far obtained over 33,000 signatures.

To read the full story in The Independent here.

Tuesday 5 January 2016

Government changes law to make coercive control a criminal offence

From December 29th 2015, coercive or controlling domestic abuse will lead to a potential five-year prison term as The Guardian reports: ‘’The new legislation will enable the CPS to bring charges where there is evidence of repeated, or continuous, controlling or coercive behaviour within an intimate or family relationship.’’

The CPS has said : “This type of abuse in an intimate or family relationship can include a pattern of threats, humiliation and intimidation, or behaviour such as stopping a partner socialising, controlling their social media accounts, surveillance through apps and dictating what they wear. Controlling or coercive behaviour causes someone either: to fear that violence will be used against them on at least two occasions; or serious alarm or distress which has a substantial effect on their usual day-to-day activities.’’

This behaviour can include:
- Stopping or changing the way someone socialises
- Limiting access to family, friends and finances
- Monitoring a person via online communication tools e.g. tracking apps on mobile phones
- Repeatedly putting them down such as telling them they are worthless
- Humiliating and embarrassing the victim

As well as the CPS legal guidance, prosecutors will receive specialist training on the new legislation. This will form part of the CPS' extensive work on wider domestic abuse, including a charging advice checklist for police and prosecutors and an evidence-gathering checklist for officers on the ground - both jointly published by the police and the CPS.  To read more please click here.

Polly Neate, Chief Executive of Women's Aid, said:
"Coercive control is at the heart of domestic abuse. Perpetrators will usually start abusing their victim by limiting her personal freedoms, monitoring her every move, and stripping away her control of her life; physical violence often comes later. Women's Aid and other organisations campaigned to have this recognised in law, and we are thrilled that this has now happened. It is a landmark moment in the UK's approach to domestic abuse, and must be accompanied by comprehensive professional training and awareness raising among the public."

Here at Hopkins Law our specialist team are very experienced with domestic abuse cases and provide expert, reassuring and friendly legal advice whatever your circumstances.  Should you wish to discuss anything relating to these new changes and speak confidentially to a member of our domestic violence team, please call us on: 029 2039 5888