Beyond borders: a post-Brexit analysis of the domestic and international law challenges in enforcing civil protection orders in the European Union

Abstract Over the last decade, tentative steps have been made within civil protection order legislation in England and Wales to recognize that gender-based violence is a global problem, which does not stop at international borders. However, such developments have been piecemeal, and gaps remain in the scope and extra-territoriality of domestic civil protection orders, which leaves victims vulnerable to re-victimization when they travel outside England and Wales. The article begins by analysing whether the current civil protection order framework in England and Wales is capable of protecting victims from cross-border abuse. The examination highlights shortcomings in the Domestic Abuse Act 2021 to regulate cross-border conduct to the same extent that is achieved through a forced marriage/female genital mutilation protection order, despite high levels of transnational movement justifying such a step. The authors argue that the government has failed to achieve the extra-territoriality required to evidence compliance with the Istanbul Convention. The impact of the UK’s departure from the European Union (EU) will also be identified as a factor which has exacerbated safety concerns for victims, given that following Brexit, there is no longer a requirement (or a mechanism) for EU Member States to recognize and enforce civil protection orders granted in England and Wales. Consequently, the article proposes law and policy reforms at a domestic and EU level to mitigate this gap in protection.