临床法律教育是提高家庭虐待受害者获得保护性禁令的有效工具:诺森比亚大学现有支持模式的案例研究

A. Speed
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引用次数: 2

摘要

保护性禁令是家庭司法系统保护家庭虐待受害者的首要措施。然而,《2012年法律援助、罪犯量刑和处罚法》削弱了获得命令的机会,减少了为家庭虐待受害者提供的公共资金,并导致受害者在此类诉讼中为自己辩护的人数增加。研究表明,如果没有法律支助,受害者获得保护的前景可能会受到不利影响,这表明有必要为那些无法支付私人法律服务费用的人提供无偿援助。虽然临床法律教育的主要目标是在未满足需求的领域提供无偿支持,但研究表明,在英格兰和威尔士,很少有临床项目为家庭虐待受害者提供专业服务。因此,本文考虑临床法律教育在提高保护性禁令的可及性方面所起的作用。第一部分对家庭司法制度内最近的改革进行了审查,并分析了这些改革如何增加了对家庭虐待受害者的无偿法律支持的需求。第二部分检查临床景观和为受害者提供支持的学生的潜在利益。第三部分借鉴了诺森比亚大学学生法律办公室的案例研究,阐述了可用于支持家庭虐待受害者的临床法律教育的各种模式。还将考虑每种选择对学生和受害者的好处和局限性。本文是一个有用的参考点,临床医生和家庭法律从业人员在合作伙伴关系的法律学校诊所谁正在考虑提供支持在这一领域。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Clinical Legal Education as an Effective Tool for Improving the Accessibility of Protective Injunctions for Victims of Domestic Abuse: A Case Study Example of the Models of Support Available at Northumbria University
Protective injunctions are at the forefront of the family justice system’s response to protecting victims of domestic abuse. The accessibility of orders, however, has been compromised by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which has reduced the availability of public funding for victims of domestic abuse and led to an increase in victims representing themselves in such proceedings. Research indicates that without legal support, a victim’s prospects of securing protection can be adversely affected, demonstrating a need for pro bono assistance for those who cannot afford to pay privately for legal services. Whilst the provision of pro bono support in areas of unmet need is a principal aim of clinical legal education, research shows that few clinical programs in England and Wales offer specialist services for victims of domestic abuse. This paper therefore considers the role that clinical legal education can play in improving the accessibility of protective injunctions. Part one sets out a review of recent reforms within the family justice system and analyses how they have created an increased demand for pro bono legal support for victims of domestic abuse. Part two examines the clinical landscape and the potential benefits to students of providing support to victims. By drawing on the case study of the Student Law Office at Northumbria University, part three sets out the various models of clinical legal education that may be utilised to support victims of domestic abuse. The benefits and limitations of each option for students and victims will also be considered. The paper is a helpful point of reference for clinicians and family law practitioners working in partnership with law school clinics who are considering offering support in this area.
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