Domestic violence victims left open to attacks as restraining order breach prosecutions plummet for abusers
Exclusive: ‘He smashed the house up. There was blood smeared up the walls,’ says domestic abuse victim
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Your support makes all the difference.Thousands of vulnerable women face the threat of a violent domestic abuser returning to the household, with convictions for breaches of restraining orders plummeting, The Independent can reveal.
Analysis of Ministry of Justice data shows convictions for breaches dropped by 44 per cent between 2018 and 2023.
In one case, a domestic abuse survivor told The Independent her ex-husband smashed up their house 24 hours after being served with a restraining order.
Conservative and Labour MPs both raised concerns about the shocking figures and warned restraining orders “are not worth the paper they are written on”.
And the National Police Chiefs Council admitted a failure to investigate, adding: “There is more to do to improve the police response to consistently managing breach offences.”
In recent years, several women in the UK have been killed by men against whom they had obtained restraining orders.
Figures show 8,744 men were convicted for breaching restraining orders in the year to June 2018, but the number had fallen to 4,904 convictions in the year to June 2023.
New data obtained under freedom of information (FOI) laws from 21 police forces shows the number of breaches of restraining orders where the perpetrator is charged has fallen by almost a third in the same period.
Figures from Devon and Cornwall Police show just 14 per cent of breaches of restraining orders led to a charge in 2023.
Refuge, a leading domestic abuse charity which The Independent has partnered with, said victims routinely say restraining orders do not work and that some survivors have stopped reporting breaches due to a lack of confidence the police will take action.
Alex Davies-Jones, shadow minister for domestic violence, said: “It cannot be right that measures taken to protect women against their violent partners are regularly being violated – and the government must urgently answer questions.”
The Independent can also reveal:
- Data obtained via freedom of information (FOI) requests shows a 29 per cent fall in the number of breaches of restraining orders where the perpetrator is charged between 2018 and 2023
- In 2018, 5,082 cases of restraining orders being breached led to a charge but this number plunged to 3,583 in 2023
- The total number of reports of breaches of restraining orders recorded in 2018 was 9,093 – with this dropping to 6,927 by 2023
- In 2018, 56 per cent of reports of restraining orders being breached led to a charge but this fell to 52 per cent of reports in 2023
- The FOI data from Wiltshire Police revealed that 28 per cent of breaches of restraining orders led to no further action last year
Jess Phillips, former shadow minister for domestic violence, called for breaches to be “considered an escalation”.
There will always be a percentage of perpetrators who will stop at nothing to harm their victim and have very controlling fixated natures
She cited the example of a man with bail conditions and a restraining order captured on camera with a machete ringing his victim’s doorbell, which he smashed up. It took the police eight days to deal with it.
Ms Phillips said restraining orders have become a “checkbox” for the courts and police, adding: “Women with restraining orders – and I have got three against different people – think they are not worth the paper they are written on.”
Charlotte Kneer, whose violent partner was jailed for seven years in 2011, said her ex breached his restraining order and wrecked the house they had shared while she was out.
“There was blood smeared up the walls,” she said. “There was cat litter and broken glass in the kid’s toys. He destroyed the kid’s birth books from early years to five.”
Her former partner was arrested and taken to court the following day but was let out the next day due to a paperwork error.
Restraining orders can restrict where abusers can go or whom they can contact, and can be used to prevent an ex-partner from using or threatening violence against a victim or their child. The maximum sentence for infringing an order is five years in prison.
The police will also collude with the perpetrator because there are problems with misogyny and victim-blaming attitudes within the police.
Tory MP Caroline Nokes, who chairs the Women and Equalities Committee, said: “If restraining orders are not being properly monitored or enforced then they are not a properly adequate tool.”
Solicitor Rachel Horman-Brown said abusers are taking advantage of “a crumbling criminal justice system”. She said there are issues around judges not properly punishing breaches, with perpetrators successfully arguing that they were visiting their children late at night.
“And that emboldens the perpetrator to go on to commit more serious breaches,” Ms Horman added. “Sometimes police don’t record breaches because they deny a breach has taken place – they will misinterpret the terms of the order. The police will also collude with the perpetrator because there are problems with misogyny and victim-blaming attitudes within the police.”
A junior probation officer, who asked to remain anonymous, told The Independent abusers who breach restraining orders are unlikely to be sent to prison as she warned of colleagues being given excessive caseloads.
A too high caseload and not enough management oversight could lead to those who breach restraining orders not being properly monitored.
She added: “A too-high caseload and not enough management oversight could lead to those who breach restraining orders not being properly monitored.”
Another junior probation officer said they currently have around 40 highly varied cases they are juggling.
Devon and Cornwall Police Detective Superintendent Sheon Sturland said the force has altered the way it investigates domestic abuse in the last year as it recognises improvements are needed.
Discussing the FOI data, he said the force “looks to be an outlier” due to “the introduction of a new records management system in November 2022, which has caused a delay to our ability to report charge outcomes on our system”, adding this “means our charge rates may look lower than they are”.
A spokesperson for the Ministry of Justice said: “Abusers who breach restraining orders face tough penalties including jail time and we’re going further to support victims by piloting a new domestic abuse protection order which will give courts the power to impose exclusion zones, curfews, and electronic monitoring tags on abusers.”
For help or support contact the National Domestic Abuse Helpline, which is open 24/7 365 days per year on 0808 2000 247, or go to its website at nationaldahelpline.org.uk
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