Domestic Violence

Question 1

R v Uzma Khan et al

Answer 1

Used s5 DVCVA 2004

Question 2

R (Williamson) v Sec State for Education and Employment

Answer 2

Education Act 1996 s548, Article 9 rights justifiably interfered with

Question 3

A v UK (HRs: Punishment of a Child)

Answer 3

Persistent caning is degrading and inhumane treatment under Article 3 ECHR

Question 4

A v D

Answer 4

Court removed father’s PR

Question 5

C v C (Non-molestation order - jurisdiction)

Answer 5

Should only be made in relation to some deliberate conduct by the respondent that harassed the applicant, and this affected the applicant to such an extent that the intervention of the court was required, not appropriate in a dispute about family property, or in a case where the privacy of the applicant was at risk of publication

Question 6

Davies v Johnson

Answer 6

“Violence is a form of molestation, but molestation may take many forms without a threat or use of violence and still be serious and inimical to mental or physical health”

Question 7

Re C (A Child)

Answer 7

Father recording handovers of daughter to her mother following contact, non-molestation order made, recordings were not useful to legal proceedings and were abusive.

Question 8

Yemshaw v London Borough of Hounslow

Answer 8

Mrs Y was married with 2 children, applied to LA as homeless as forced to leave home by abuse of husband (no physical violence). Police officers decided she was not homeless due to lack of physical violence. Lady Hale’s leading judgement - housing lawyers should interpret homelessness in the same way as family lawyers. Broad definition of violence should be adopted, was there genuine fear of husband? Objective test

Question 9

DL v A local authority

Answer 9

Mrs L was homeowner, physically disabled, abused by son. Can LA make declarations to protect vulnerable adults where they lack capacity? Yes, jurisdiction is present.