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

In: Research Handbook on Domestic Violence and Abuse

Author

Listed:
  • Ana Speed
  • Lauren Clayton-Helm

Abstract

The focus of this chapter will be on the internationalisation of civil protection orders and the extent to which these measures are able to protect victims of domestic abuse as they cross state borders. It is argued that the current legal response falls short of providing a comprehensive and uniform mechanism for a civil protection order obtained in one country to be recognised and enforced in another and that this presents a gap in protecting victims from secondary and repeated victimisation, intimidation and retaliation. In identifying gaps and weaknesses in the protection offered and the associated challenges for victims, this chapter will examine how the law might be reformed; arguing a need for a more unified response by institutions such as the Hague Conference on Private International Law. The pressing need for change has been heighted by the United Kingdom ratifying the Istanbul Convention and leaving the European Union.

Suggested Citation

  • Ana Speed & Lauren Clayton-Helm, 2024. "Civil protection orders when crossing jurisdictional lines: Gaps in the law and a call for reform to better protect victims of domestic abuse," Chapters, in: Mandy Burton & Vanessa Bettinson & Kayliegh Richardson & Ana Speed (ed.), Research Handbook on Domestic Violence and Abuse, chapter 10, pages 150-168, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:21920_10
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035300648.00016
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    Keywords

    Law - Academic;

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