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Hayes & Williams' Family Law

Hayes & Williams' Family Law (7th edn)

Stephen Gilmore and Lisa Glennon
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date: 03 June 2023

p. 1083. Protection from domestic abuse and occupation of the family homelocked

p. 1083. Protection from domestic abuse and occupation of the family homelocked

  • Stephen GilmoreStephen GilmoreProfessor of Family Law, King’s College London
  •  and Lisa Glennon

Abstract

This chapter considers the civil law remedies which are designed to protect a victim from domestic abuse. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

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