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Insights

Domestic Violence – General

Posted on 24th January 2018 in Family Law

Posted by

Aimee Aspinall

Associate and Chartered Legal Executive
Domestic Violence – General

The Domestic Violence Disclosure Scheme, often known as Clare’s Law, was rolled out across England and Wales on 8th March 2014. It is designed to provide victims with information that may protect them from an abusive situation before it ends in tragedy. The scheme allows the police to disclose information about a partner’s previous history of domestic violence or violent acts.

The scheme has two entry routes that may lead to a disclosure being made.

The right to ask:

  • This enables someone to ask the police about a partner’s previous history of domestic violence or violent acts.
  • If records show an individual may be at risk of domestic violence or domestic abuse from a partner, the police will consider disclosing the information.
  • A disclosure can be made if it is legal, proportionate and necessary.

The right to know:

  • This route is triggered when the police receive indirect information or intelligence about the safety of an individual and where, after checks are made, the police judge that a disclosure should be made to safeguard the individual.
  • It enables an agency to apply for disclosure if it believes an individual is at risk of domestic violence from their partner.

The police can release information if it is lawful, necessary and proportionate.

If you need any help regarding this matter, then please do not hesitate to contact our experienced team of family law solicitors.

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