How the law might affect The Archers' abuse victim
The recent storyline in BBC Radio 4's the Archers of a wife stabbing her husband when subject to a severe provocation has brought to mind these cases which can occur in all sectors of the community.
Stresses can particularly build up where home and business life are mixed together.
The storyline has a controlling and provocative husband who threatens to remove the child of the family from the home.
This is the straw that breaks the camel's back and the wife attacks the husband with a knife, but he still survives.
Three elements of the legal system will principally apply to this case. The criminal law applies to an offence that has been caused against the person, being grievous bodily harm or attempted murder by the wife, and there is the strong likelihood of family law applying to a future divorce, restraint orders, and children's law may apply to the child.
On the face of events it appears this is not a premeditated crime. The wife had not made plans in advance to attack the husband but had reacted in the heat of the moment. There would be strong evidence for the charges to be reduced by taking into account the mitigating circumstances and likewise there would be strong arguments for lenient sentencing.
Both parties would need to be kept apart. The criminal procedure for the stabbing is likely to keep the wife away from the husband.
The Serious Crime Act 2015 came into effect on December 29 to help victims of violent and non-violent coercive behaviour.
Abuse can include a pattern of threats, humiliation and intimidation or behaviour, such as stopping a partner socialising, controlling social media accounts and dictating their clothing. This is not confined to married couples but applies to all those within an intimate or family arrangement.
There is also the potential use of the Protection from Harassment Act 1997 which may enable the police to become involved in cases which involve people being put in fear of violence and there are provisions to prohibit harassment.
The civil legal system may also apply in that there can be applications for injunction to restrain abusive behaviour with occupation orders and non-molestation orders, although this can be costly and time consuming.
Steven Corfield is a partner and agricultural specialist at Shropshire Law Firm, FBC Manby Bowdler LLP
