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What the Domestic Abuse (Jersey) Law 202- means for Jersey

Words by Advocate Chris Hillier, Head of Family Law, Ingram Advocates

In April 2022, the States of Jersey adopted the Domestic Abuse (Jersey) Law, and its enactment is awaited to help those who have experienced abuse, violence, coercive control and / or threats during their relationship.

Domestic abuse will be classed and treated as an offence; a first in Jersey.

Previously, those suffering from domestic abuse have had fewer options to protect their safety.

Whilst injunctions (also known as non-molestation Orders) have been available together with Harassment Orders they must be approved by the Court before being served on the defendant. They can take time to draft and there can be legal and other costs associated with them.

What

will the new Law do?

Under the new Law, a person who intentionally or recklessly engages in behaviour that is domestic abuse commits an offence and is liable to imprisonment for a term of 5 years and to a fine.

1. The new Law will create an offence of domestic abuse.

2. It will provide for new measures called ‘domestic abuse protection orders’ (DAPOs)

3. It will require people who commit domestic abuse offences to provide personal information to the police.

The Law also focuses on protecting victims of domestic abuse by enabling the Court to issue a DAPO against A if the court is satisfied that –

(a) on the balance of probabilities, there is a risk of further domestic abuse by A towards B; and

(b) it is necessary to issue the order to protect B.

Before issuing a DAPO, the court must read statements by each party. It must also consider the welfare of any connected person who is under 18.

DAPOs may also require person A to move out of premises that the parties share, or not to enter a property. The length of a DAPO will be decided by the Court.

Recognising relationships

The new Law recognises different kinds of personal relationships, and the parties must be “personally connected”. However, the person subject to violence, control or threatening behaviour in that relationship does not have to be married or living with person A.

The legislation casts its net wide. It will apply to former partners who are or have been parents of the same child, or share, or have shared, parental responsibility for a child. The Law also accepts the concept of an “intimate personal relationship” having existed between two parties.

It also enables relatives to seek recourse, recognising that abusive relationships can exist in families, and where one person may be the carer for another.

Police disclosure

Crucially, the Law enables the Police to disclose details of any DAPOs that have been issued against a person (even if an order is no longer in force) to a person who applies for the information to be disclosed; or to a person who the officer considers is at a credible risk of harm from the person to whom the information relates, if the disclosure is proportionate and reasonable.

This article is for information purposes only and does not constitute legal advice. If you require family law advice, please contact chris.hillier@ingramadvocates.com