domestic abuse and intimate partner violence

Question 1

theories for intimate partner violence

Answer 1

genetic and environmental
social environmental (social learning theory, attachment, biological factors..)
feminist- patriarchal structure of society
the impact of technology- smartphones, social media, sexting

factors influencing:
-personal
-political/policy
-cultural

Question 2

LASPO 2012

Answer 2

removed public funding for family law cases except those of clear domestic violence/ Child abuse

Question 3

definition of violence

Answer 3

has expanded
yemshaw v london borough of hounslow 2011- woman left home due to threatening behaviour, council said she voluntarily became homeless and not been physcially assaulted so not entitled to housing
-court here said domestic violence needs to be given broad definition not just physical assault

Question 4

domestic abuse and violence orders that can be pursued

Answer 4

family law act 1996-
-non molestation order
-occupation orders (order who is permitted in the house)
-sc 33 order
-protection from harassment act

if failed to comply with order will result in criminal charges

Question 5

1. non molestation order sc42

Answer 5

can only be made against a person whith whom you associate with
order- courts shall have regard to all the circumstances including health, safety and well-being of thr applicant and any relevant child
-need evidence to support it

Meaning of molestation-
Re C 2015- order made when father films children during handover
C v C 1998- wife told abusing story to newspapers, husband wanted to bring order but not allowed as not molesting

Question 6

2. occupation orders

Answer 6

sc33 most comonly used one
1. must be entitled to occupy property or home rights
-home rights gives propetection to spouse when property owned by other spouses
-if there is a home right, charge put on property (i.e mortgage) so wont be released until hoem rights extinguished

2. must satisfy the significant harm test
   a. risk of significant harm due to conduct of the R if order is/isnt made
   b. core criteria test- the needs of the applicant
   G v G 2009- language used making the wife comfortable was wrong but order right

must consider the needs of the children
no need to show violence
can enfirce the applicants right to remain, split home..

Re Y 2000- courts refused occupation order as should only be used as a last resort, despit parents arguing effecting children

Question 7

other sections of occupation orders

Answer 7

sc 35- ex spouses the right to enter or occupy
sc 38- for cohabitants or fomer cohabitants
sc 37/ 38- neither entitled to propert ie. squat

Question 8

3. protection from harassment act 1997

Answer 8

• to protect from harassment
  -need to show they pursuad a course of conduct
  -and hey knew or ought to gave know it ammounted to harassment
  Lau v DPP 2000- 2 incidents in street of abuse and slapping, 2 of abuse where not sufficient (need 3)
  failed to comply will result in a criminal offence

Question 9

4. duty to pursue

Answer 9

v may not what to pursue charges
state needs to consider whether they should bring prosecution
opuz v turkey 2009- turkish legal system criticised for failing to respons to instances of somestic violence in breach of human rights

Question 10

5. the domestic abuse act 2021

Answer 10

-statutory definition of deomstic abuse- wides and recognises non physical forms of abuse including economic abuse (not paying for something)
-recognises children as victims in their own right (over 16)
-post speration abuse recognised as a criminal offence
-non fatal strangualtion criminal offence
-revenge porn
-rough sex defence
-imposes new statutory duties on bodies such as governement and doctors and LA

Question 11

critiques by herring

Answer 11

-offence of failing to ptotect a child who was at risk of death or serious harm; tendency to use against mothers who where themselves victims of DV from person who killed child

-pro arrest policiies especially when v does not support (may prevent victims from speaking up)

-focus alternative housing rather than criminal law

-need t intergrate civil and criminal court processes as there are difficulties of proof and evidence

Question 12

rachel hall 2024

Answer 12

“judges in the family courts are using victim-blaming and gender-biased langauge towards domestic abuse survivors” AI analysis of cases involving domestic abuse