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FAMILY LAW > Domestic Abuse > Flashcards

Domestic Abuse Flashcards

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1
Q

What section covers non-mol orders?

A

S.42(1) FLA 1996

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2
Q

What does s.42(1)(a) say ?

A

Prohibits a person molestant another who is an associated person or the respondent.

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3
Q

What does s.42(1)(b) say?

A

Prohibits a person molesting a relevant child who is an associated person.

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4
Q

What does s.42(6) say?

A

Non-mol can be expressed in general terms or be specific.

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5
Q

Which case says it’s good practice to stage an end date for a non-mol?

A

Manjra v shaikh 2020

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6
Q

Define molestation.

A

No statutory definition. Violence or threat there of not requiered.

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7
Q

How does C v C 1998 define molestation?

A

Molestation is sole deliberate conduct which was aimed at a high degree of harassment of the other party.

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8
Q

What does Davis v Johnson 1978 say about molestation?

A

May take place without violence and still be a serious threat to mental and physical health.

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9
Q

What does Vaughn v Vaughn 1973 say about molestation?

A

Nuisance calls amount to molestation.

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10
Q

What does Horner v Horner 1982 say about molestation?

A

Turning up to place of work is molestation.

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11
Q

What did Re T 2017 say about molestation?

A

Even tho mother didn’t physically turn up; threat of her doing so was molestation.

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12
Q

Which section defines domestic abuse under the new law?

A

S.1(2)
- (a) towards another person who is 16 or over and personally connected
- (b) the behaviour is abusive

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13
Q

Which section under the new law defines abuse?

A

S.1(3)
A. Physical or sexual
B. Violent or threatening
C. Controlling/coercive
D. Economic abuse
E. Psychological abuse

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14
Q

What section does children come under in the new law?

A

S.3(2)
A. Sees, hears, experiences the domestic abuse
B. Is related to A or B.

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15
Q

What section under the new law defines personally connected?

A

S.2
A. Married
B. Civil partnership
C. Agreed to marry.
D. In a civil partnership agreement.
E. Intimate personal relationship for significant duration.
F. Parental relationship in relation to the same child (grandparent)
G. Relatives.

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16
Q

What section covers domestic abuse protection orders?

A

S.27(1) purpose of preventing a person being abusive towards a person aged 16 or over whom is personally connected.

A. Prohibits person from doing things described in order.
B. Required person to do things described in order.

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17
Q

What does s.28 allow?

A

One free standing application.

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18
Q

What does s.28(5) allow?

A

The application must be made in the family court.

19
Q

What is condition A under s.32(2)?

A

Is that the court is satisfied ON THE BALANCE OF PROBABILTIES that the person has been abusive towards a person, 16 or over who is personally connected.

20
Q

What is condition B under s.32(3)?

A

Is that the order is necessary and proportionate to protect that person from domestic abuse carried out by the other person.

21
Q

What does s.33 cover in the new law?

A

A. Welfare of any person under the age of 18.
B. The opinion of the victim.
C. Where the court is considering making a provision relating to the premises lived in by the victim, the opinion of any other person who lives in the premises.

22
Q

Which section says the court can award a DAPO without notice?

A

S.34(1)

23
Q

What does s.34(1)(a) state?

A

Any risk that, if the order was not made immediately, p will cause significant harm to the person whose protection to order would be made.

24
Q

S.34(1)(b) what does it state?

A

In a case where an application has been made, whether it’s likely that person may be deterred from making that application if an order is not made immediately.

25
Q

What does s.33(1)(I) say?

A

P is aware of the proceedings but is deliberately avoiding service.

26
Q

What kind of requirements can be imposed under s.35(1)?

A

Can impose any requirements the court sees necessary to protect a victim from domestic abuse

  • attend drug misuse
  • domestic violence programme
27
Q

What must the defendant do if a DAPO is made against them?

A

S.41 notify the police of their name and address within 3 days

28
Q

Is breaching a DAPO a criminal offence or civil?

A

Criminal.

29
Q

What section do associated persons come under? And examples of them.

A

S.62(3)

A. Married
AA. Civil partners
B. Cohabitants
C. Live in same household
D. Relatives
E. Have agreed to marry each other

30
Q

What does s.62(3)(ea) say about associated persons?

A

Have or have had a personal and intimate relationship for a significant duration.

31
Q

What section does relevant child come under?

A

S.62 of FLA

32
Q

What does s.62(2)(a) say about relevant children?

A

Any child who is reasonably expected to live with either party.

33
Q

Does the defendant have to intend to haras the victim? Case?

A

Re T 2017 - NO

34
Q

Does defendant need to have control over their behaviour? Case?

A

Banks v Banks 1999 - no

35
Q

What must the court take into account when making a non-mol under which section?

A

S.45(2) all the circumstances of the case in including health, safety and well-being.

36
Q

Is mental health included in “health”? Section?

A

YES - s.63

37
Q

What does s.42(2) say about an application?

A

Has to be 1 free-standing application by an associated person.

38
Q

What if the court thinks the victim may abuse their power if given a non-mol?

A

Chechi v Bashier CAN REFUSE TO GIVE ONE.

39
Q

What section does ex-parte come under?

A

S.45

40
Q

What is the criteria for an ex-parte and what section does it come under?

A

S.45(2)

A. Risk to the applicant or relevant child if the order is not made immediately.
B. Applicant will be deterred from making an application if the order is not made immediately.
C. Respondent is aware of proceedings but is deliberately avoiding service.

41
Q

What did DS v AC 2023 say about ex-parte?

A

Law fails to lay out what exceptional circumstances are.

42
Q

S.54(3) what does it say?

A

Defendant must be given hearing 7-14 days after ex-parte given.

43
Q

Can an undertaking be allowed when domestic abuse has been committed? Section?

A

S.46(3)(a) - NO

44
Q

How to structure a non-mol order?

A
  1. S.42(1) definition of non-mol
  2. Molestation definition
  3. Relevant child
  4. Associated persons
  5. Behaviour
  6. Extra info

FAMILY LAW (5 decks)

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