Research Handbook on Domestic Violence and Abuse

Edited by Mandy Burton, School of Law, Loughborough University, Vanessa Bettinson, Professor of Law, Kayliegh Richardson, Associate Professor and Ana Speed, Assistant Professor and Solicitor, Northumbria Law School, University of Northumbria, UK

• Contents1 Introduction to the Research Handbook on Domestic Violence and Abuse 1Mandy Burton, Vanessa Bettinson, Kayliegh Richardson and Ana SpeedPART I DEFINING DOMESTIC ABUSE AND CONTEXTS2 Defining coercive control: Problems and possibilities 9Cassandra Wiener3 Sharing and/or threatening to share private, sexual images withoutconsent as an emerging strategy of coercive control 29Charlotte Bishop4 Chronic sexual violation: Sameness and difference – the challenge ofrecognising violation in relationships 44Tanya Palmer5 Silent suffering: LGBTQ+ intimate partner violence unveiled 62Esra Ummak6 The intersection of domestic violence, culture, social marginalisationand entrapment for Indigenous Women 77Denise Wilson7 Christianity and domestic abuse 95Rebecca Barnes and Kristin Aune8 Conceptualising domestic abuse in human rights law 115Ronagh McQuiggPART II PROTECTION ORDERS9 Will domestic abuse protection notices and orders improve victimprotection and assure the United Kingdom’s compliance with theIstanbul Convention? 131Claire Bessant10 Civil protection orders when crossing jurisdictional lines: Gaps in thelaw and a call for reform to better protect victims of domestic abuse 150Ana Speed and Lauren Clayton-Helm11 ‘We’re not the polite police’: LGBTQ+ domestic and family violencevictim-survivors’ experiences with legal actors when seeking help viathe civil protection order system in Australia 169Ellen Reeves12 Can law provide survivors with safety? Legal mobilization, legalconsciousness, and protection order decision-making 185Kathryn J. Spearman, Alesha Durfee, Jill Theresa Messing and Meredith E.Bagwell-Gray13 The financial remedy application and beyond: To what extent is thevictim-survivor protected from further abuse? 202Kayliegh Richardson and Amanda NewbyPART III FAMILY COURTS14 Domestic abuse, parental alienation and Family Court proceedings 224Adrienne Barnett15 Innovative approaches to addressing domestic abuse in family courts 251Rosemary Hunter16 Coercive control and the family courts: Comparative perspectives fromAustralia and England/Wales 269Anna Carline, Patricia Easteal and Lisa Young17 Self-represented litigants and family violence: A comparison betweenEngland and Wales and Australia 286Jess MantPART IV CRIMINAL LAW AND CRIMINAL JUSTICE18 Court proceedings in which victims of domestic abuse are accused of offending 305Katy Swaine Williams19 Inaccessible to women – the general defences of duress and self defence 325Susan Edwards20 Preparing a public perceptions study on the use of violent resistance asself-defence in domestic abuse cases 346Vanessa Bettinson, Thomas Crofts and Nicola Wake21 Grooming, ‘rough sex’ and coercive control in the criminal law:‘Culturally mandated’ sex and violence against women 366Julia Tolmie, Paulette Benton-Greig and Nicola Gavey22 Re-framing prosecutorial perceptions of ‘justice’: Towards the goal of‘thrivership’ 384Antonia Porter23 Prosecuting and sentencing domestic abuse in Scotland 401Rachel McPherson24 The law of evidence and the victim of domestic abuse 418Tony Ward and Natalie Wortley

‘This collection of essays looks at various aspects of the law relating to domestic violence and abuse, primarily in the UK, but also in some other common law jurisdictions. The papers are wide-ranging, covering issues such as the difficulties in enforcing protective legal remedies and the experiences of victims. One overarching theme is the increasing attention paid to non-violent coercive control as an aspect of domestic abuse, which legal authorities have seemingly been slow to acknowledge.’