Domestic Violence

Question 1

What are the three main orders in DV?

Answer 1

1. Occupation Orders
2. Non-molestation orders (FLA s42)
3. Protection of harassment orders

Question 2

Court found it extreme to kick out father bc mother didn’t like accommodation

Answer 2

[Chalmers v John]

• Both parties violent rs until mother moved out in another house
• Blame on both sides, applied to kick father out of OG bc she didn’t like acc provided
Court: extreme to kick out.

Question 3

Claimants psychiatric state made her more vulnerable, D could find housing better.

+ Occupation order can be made in absence of violence/threat

Answer 3

[Dolan v Corby]

Occupation order can be made in absence of violence/threat of violence

Question 4

No need violence for occupation order to be granted

Answer 4

[Grubb v Grubb]

Question 5

Repeated phone calls + lurking = molestation

Answer 5

[Vaughan v Vaughan]

Question 6

Phone calls + degrading posters @ school = molest

Answer 6

[Horner v Horner]

Question 7

Ambiguity = decide, court usually decide in favour of complainant.

Answer 7

[G v F]

Question 8

Defined what court would consider a threat in forced marriages

Answer 8

[Hirani v Hirani]

Duress: effect of the threat (whether overborne V will to point where it couldn’t be said there was consent)

V threated w ostracism by her fam members to get into a forced marriage.

Question 9

Girl almost forced into marriage, managed to get a forced marriage protection order for her younger sister

Answer 9

[A v SM and another]

Question 10

where is the definition of domestic violence?

Answer 10

LASPO 2012
(wide definition)

Question 11

Which case sorted out the definition of DV?

Answer 11

Yemshaw v Hunslow London BC [SC]

facts: C married w 2 children, fearful of husband w claims of emotional, psychological and financial abuse. Housing authority refused to house her, bc HA 1996 could only rehouse if not reasonable for them to live there (eg: dom violence)

. physical was not only form of violence.

Lady Hale: “includes physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, may give rise to the risk of violence”

Question 12

What are 3 separate terms of DV according to Micheal Johnson

Answer 12

1. Intimate terrorism (IT) – when one intimate partner uses a variety of tactics to exert power and control over another
2. Situational couple violence (SCV) – when an argument between partners gets ‘ugly’ and escalates out of control
3. Violent resistance (VR) – when a V (usually female) uses violence to retaliate against being abused