Chapter 7- Domestic violence Flashcards
Name 4 examples of domestic violence
Physically abuse Threats of violence Economic control Pestering Damage to property
Types of remedies for domestic violence
Non molestation order
Occupation order
Forced Marriage Protection Order
12 months imprisonment for breach of orders
Who can be affected by domestic violence in accordance with CPS/Police/ Govs dept definitions?
Anyone who has been it is intimate or family members regardless of sexuality or gender providing they are over 16
Which acts can domestic violence be enforced under currently?
Protection from harassment Act 1997
S76 serious crime Act 215- non violent coercive behaviour etc
What does the serious Crime and police Act 2005 allow the police to do?
Make general arrests to prevent injury
How long are domestic violence protection notices / orders in place for
14-28 days
Who are considered associated persons under ss62-63 FLA?
Current or past spouses, civil partners, cohabitants
Those who live or have lived under the same roof providing not commercial reasons
Engaged to marry or CP within 3 years of broken engagement
Family members
Intimate personals relationships
Child/parents/ person with responsibilities to the child
Key facts non molestation orders
In place for applicant or relevant child
Prohibit actions, not molestation in general
Court can implement without an application
Court considers well being, health and safety of child or applicant
In place for a fixed period or open ended
What are the two conditions that must be met to satisfy occupation order application
Applicant and respondent are associated persons
Property must be dwelling house and must be or intended to be home for applicant and respondent.
Both must be met to apply
Is an application order available under ss33-38 FLA?
Does applicant have right to occupy? S33
Applicant is former / current spouse or CP with no right to occupy but respondent does. S35
Applicant is former / current cohabitant with no right to occupy but respondent does. S36
Applicant is former / current spouse or CP with no right to occupy and nor does respondent. S37
Applicant is former / current cohabitant with no right to occupy and nor does respondent. S38
What will the court consider when applying s33 occupational order?
Houses needs and resources of parties or children
Financial resources to parties
Effect of order on well being, health on parties or children
Conduct of the parties
Balance of harm test - PF v CF (mental and physical harm)
What will the court consider when applying s35 occupational order?
Housing needs and resources
Financial resources
Effect of any order on the well being, safety and health if parties
Conduct of the parties
Length of time that had elapsed since marriage broken down and since parties stopped living together
Previous or current proceedings between parties
Balance of harm test
What will the court consider when applying s36 occupational order?
Housing needs and resources
Financial resources
Effect of any order on the well being, safety and health if parties
Conduct of the parties
Nature of the parties relationship, including level of commitment involved.
Length of time they cohabited
Any children between parties? Or parental responsibility?
Length of time that has elapsed since parties ceased living together
Previous or current proceedings between parties
Balance of harm test
What orders can be made under s40? Explain
Ancillary orders- compensation in the means of rent, or mortgage payments
What does S45 FLA allow?
Court to apply ex Parte non molestation orders and occupation orders
