Accompanying domestic violence legislation

  • Drafters should consider framing “honour” crimes within the domestic violence context. Should drafters use a domestic violence framework to address “honour” crimes, it should account for the particular dynamics of “honour” crimes and ensure the scope encompasses all potential perpetrators and victims. Factors to consider are that perpetrators of “honour” crimes may not be a partner or family member for purposes of domestic violence, there may be multiple perpetrators involved in an “honour” crime, there may be more than one victim, and the scope of domestic violence protection may exclude certain perpetrators or victims, such as minors. (See: ACPO Honour Based Violence Strategy, Appendix B) Laws should include a civil order for protection remedy, including an emergency ex parte protection order, for victims under threat of an “honour” crime or killing or the victim of an “honour” crime. Laws should criminalize violations of protection orders. Drafters may apply much of the same theory on domestic violence to orders for protection in “honour”-based violence cases: the goals are to afford protection to the victim through a speedy process that acts as an alternative to criminal prosecution. (See: Orders for Protection and Sample Orders for Protection, Stop VAW, the Advocates for Human Rights; Section on Order for protection) (For information on orders for protection in domestic violence cases (see: Section on Domestic Violence: Order for protection remedies)
  • Laws should ensure that where a petition for an order for protection is filed by a third party on behalf of an adult woman, the petition can only be brought with her consent. An exception to this rule is where the victim is unable to file an application herself, whether because she is falsely imprisoned, in another country or is a vulnerable adult. Third party applications on behalf of a child should only be permitted with court permission or appointment of a guardian ad litem. (See: Section on Domestic Violence; Forced Marriage (Civil Protection) Act 2007: Relevant Third Party Consultation Paper, U.K. Ministry of Justice, December 2007).
  • Drafters should also ensure that criminal laws prohibit and punish acts of domestic violence and violations of orders for protection. (See: Domestic Violence)