THE government is developing new legal protections that would allow the police to remove a suspected domestic abuser from a victim’s home — even if there is not yet enough evidence to make an arrest.

These protections, known as “emergency barring orders”, would prevent a suspect from returning to the home or contacting the victim while an investigation takes place before charges are filed. 

Currently, the States police can only remove a person from a home if they have enough evidence to arrest them. However, experts have argued that this situation can leave victims in immediate danger as domestic abuse does not always leave immediate physical evidence.

Home Affairs Minister Deputy Mary Le Hegarat confirmed that work was under way to introduce these orders following a recommendation made by the Violence Against Women and Girls Taskforce in 2023 that was accepted by the government this time last year.

Deputy Le Hegarat said: “Initial law drafting instructions have been prepared and are being worked on in conjunction with stakeholders. This is an ongoing process. 

“Some stakeholders are still to be engaged with, and we look forward to gathering their views, to ensure the most effective outcome regarding the use of emergency barring orders.”

The lack of these protections in Jersey law was described as a “significant gap” by the VAWG Taskforce.

It read: “Emergency barring orders are an important measure of protection for victims of domestic abuse that are at risk of immediate danger.

“They equip authorities with power to order the perpetrator to leave the residence of the victim and prevent them for returning or contacting the victim.

“Emergency barring orders provide a form of protection for victim-survivors following domestic abuse incidents that is more immediate than existing remedies. Without them, the threshold at which protections are afforded to victim-survivors is too high.”

Emergency barring orders already exist in England and Wales, where police can issue a 48-hour order preventing a suspected abuser from returning home. Magistrates can then extend the order if necessary.

Early drafts of Jersey’s Domestic Abuse Law—which made domestic abuse and coercive control a specific offence for the first time—included these protections.

However, they were removed after concerns were raised about “resource implications”, the lack of “checks and balances for the police in relation to their use”, and whether someone could be made subject to an order without a criminal conviction.

Campaigners have argued that similar pre-charge protections already exist in Jersey law, such as child protection orders which they say should be extended to domestic abuse cases.

Sarah Hamon, service manager at Jersey Domestic and Sexual Abuse Support, said that while the Domestic Abuse Law has led to “significant” progress there is still a need for greater pre-charge protections.

“We recognise there could be improvements to the existing law, such as greater restrictive orders pre-charge,” she said. “However, any legislative means of protecting victim-survivors is welcomed.”

Support

Jersey Domestic and Sexual Abuse Support (JDAS) offer specialist support and guidance in relation to domestic or sexual abuse incidents. Support is provided before, during and after any police investigation or court hearing. It is also available when police are not involved. Call: 880505 or email JDAS@gov.je.

The SARC at Dewberry House provide expert independent and confidential support to victims of sexual abuse. The Centre comprises of a team of experts with a wealth of knowledge and experience in advising, supporting and treating anyone who has been raped or sexually assaulted. Call: 888222. 

Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Tel: 482801. 

FREEDA (Freedom from Domestic Abuse) offer a 24-hour helpline, access to safe accommodation as well as help and support for victims of domestic abuse. Tel: 0800 7356836. 

Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612.