The pandemic of domestic abuse is spreading like a virus, and the courts need to protect the victims,
But the courts also need to ensure that the abusers do not use the court process to abuse the victim further.
The Office Of National Statistics data says :
On reading and analysing this Data from https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/domesticabuseandthecriminaljusticesystemenglandandwales/november2020 it becomes clear that the majority of the matters do not progress as there are EVEDENTIAL DIFFICULTIES. This is an important point to note as there is a huge difference in reports and prosecutions, and the reason is self-explanatory.
It is his incumbent on the Legal Service fraternity that we note that the court does not allow the applicants of Non-Molestation ( a serious restraining order that may lead to a criminal conviction if broken) to be made as a practice, but is made as an exception.
Are Non-molestation orders being used as a tool to gain tactile advantage against the defendant?
It has been observed by the author that the people use non-molestation orders fraudulently and make false allegations without any genuine justification to gain tactile advantage or simply due tothe rivalry to harm the reputation of the target. The non-molestation order enables the accuser to draw on thousands of pounds as legal aid which can be also used in any following family law cases.