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Date: April 30, 2024 Tue
Time: 12:24 am
Time: 12:24 am
Results for civil protection orders
1 results foundAuthor: Dickson, Anne Title: The Use and Effectiveness of Exclusion Orders Under the Matrimonial Homes (Family protection) (Scotland)Act 1981 in Preventing Homelessness Summary: An exclusion order is a civil legal remedy that removes an abuser from a family home and, together with other legal remedies, should enable women to remain in their own home, living safely apart from an abuser. Very little is known about how often women use these orders and whether they are effective when used. Exclusion orders were introduced into Scots Law by the Matrimonial Homes (Family Protection) (Scotland) Act 1981, as part of a range of civil legal remedies intended to protect women from abusive partners. Exclusion orders offer women the option of removing the abuser from the home as an alternative to leaving and seeking rehousing. Since their introduction, there have been many changes in the response to domestic abuse and rehousing as a homeless person. One policy shift in recent years has been a focus on prevention of homelessness and in this context, exclusion orders may have a role to play as an alternative to rehousing through homelessness services. Exclusion orders could prevent homelessness for women and their children, if women choose to stay in the home and remove the abuser. However, there is no clear evidence from central or local data that establishes whether exclusion orders, nearly 30 years after their introduction, present an effective, sustainable alternative for women who do not want to leave their home. This is a report of the findings of research commissioned by ScottishWomen’s Aid to consider how effective exclusion orders are in preventing homelessness of women, children and young people in the context of domestic abuse. In this study, effectiveness is defined to include consideration of whether exclusion orders are used and, when used, whether they operate to keep women in their home, safe and protected from further abuse, without any future period of homelessness. This research is concerned with one legal remedy which may have a role to play in the prevention of homelessness: an assessment of its current contribution to the prevention of homelessness and the reasons why women use it; barriers to using it; and what changes, if any, may be required to expand its contribution to the prevention of homelessness. Initial scoping of the research with women’s aid groups and in local courts identified that there is little use of exclusion orders. The research then focused primarily on identifying why women are not using exclusion orders as a remedy. This involved identifying those factors that influence women as they decide whether to leave the home and seek rehousing elsewhere, or stay in the home with or without exclusion orders. Our focus in identifying these factors was to consider what changes, if any, would be required to make exclusion orders a more viable alternative and accessible to women. Details: Edinburgh: Scottish Women's Aid, 2010? 80p. Source: Internet Resource: accessed April 5, 2012 at: http://www.scottishwomensaid.org.uk/assets/files/publications/research_reports/ExclusionOrderReport.pdf Year: 2010 Country: United Kingdom URL: http://www.scottishwomensaid.org.uk/assets/files/publications/research_reports/ExclusionOrderReport.pdf Shelf Number: 124852 Keywords: Civil Protection OrdersDomestic Violence (Scotland)Homelessness |