A leading Family lawyer has questioned the effectiveness of new government legislation which is meant to further protect domestic abuse victims.
The government recently announced its “Plan for Change” with an ambition to halve violence against women and girls over the next 10 years.
Labour ministers claim the new Domestic Abuse Protection Orders being rolled out nationally would offer victims stronger and more flexible protection by allowing courts to set conditions for perpetrators that remain in place for as long as necessary.
But Richard Port MBE, partner at mfg Solicitors, said the new Orders were simply a “rehash” of previous legislation, which police officers were not trained to use properly.
Mr Port, an experienced family law specialist with expertise in providing advice to victims of domestic abuse, said: “The government has essentially just repackaged original Orders so the public believe that more is being done and that things are moving forward.
“The Orders provide for rehabilitation of perpetrators with alcohol programmes, anger management and tagging, but the police cannot cope with the offences we have now, let alone adding something new.
“We see perpetrators go on the run and the police are powerless to find them. We also see cases where evidence supports that the victim has been abused, but then no further action is taken by the police or CPS.
“Adding another tool to a carpenter’s belt doesn’t make them a good carpenter.”
The Orders announced by safeguarding minister Jess Phillips as part of the government’s new Violence Against Women and Girls (VAWG) Strategy, cover all forms of domestic abuse, including economic abuse, coercive and controlling behaviour, stalking and honour-based abuse. They can be issued by all courts and applied for not only by the police, but also by third parties such as local authorities, charities, social services, and even victims themselves. Breaching an Order is a criminal offence punishable by up to five years in prison.
Richard, who recently joined mfg’s nationally-recognised Family team, said he feared perpetrators would learn to use the measures against their victims.
He added: “When we give a victim a shield such as a Domestic Abuse Protection Order, perpetrators eventually learn to manipulate the police, courts and CPS to use it as a sword against their victims. It worries me that with the approach currently being taken, where numbers matter to show results, real victims will fall foul of these Orders so the government can show their “success.
“If we focus on real investigating, real communication, and real victim protection, rather than praising an Order which encompasses the basics of what policing should already do, then we would have a greater foundation for protecting domestic abuse victims.
“We also need to stop focusing on just women and girls and think of the bigger picture. Men and non-binary people are also affected by domestic abuse. Tackling domestic abuse as a whole is what we need to do so we can truly protect all victims.”
Richard’s appointment follows mfg’s Family department being promoted to Tier One status in the 2025 edition of the Legal 500.
Readers looking for further advice on matters relating to domestic abuse can email Richard directly through [email protected]
mfg Solicitors has offices in Birmingham, Worcester, Kidderminster, Bromsgrove, the Black Country, Ludlow and Telford. Further information can be found on www.mfgsolicitors.com.