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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

Ana Speed and Lauren Clayton-Helm

Chapter 10 in Research Handbook on Domestic Violence and Abuse, 2024, pp 150-168 from Edward Elgar Publishing

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.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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