The chapter examines how, historically, domestic violence was considered to be a private matter that was none of the law's concern. While domestic violence is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. The chapter also explores some of the wider factors pertaining to the family justice system's response to domestic violence. It is important to recognise the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the extent to which victims of domestic violence may feel threatened during family law proceedings, particularly in cases involving the arrangements for children after separation.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on domestic violence and considers the civil and criminal law. The first question is a problem question concerning non-molestation orders under the Family Law Act 1996 and injunctions under the Protection from Harassment Act 1997. The second question is an essay focusing on occupation orders, whilst the third is a problem question on the criminal law.
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Anna Carline and Roxanna Dehaghani
Domestic violence and abuse impact the lives of millions every year. Historically, such conduct was considered to be a private matter, and outside the remit of the law. While domestic violence and abuse is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. In addition to this, the chapter will explore the definition of domestic abuse, which is now set out in the Domestic Abuse Act 2021. The chapter also explores some of the wider factors pertaining to the family justice system’s response to domestic violence and abuse. This includes the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the recent special measures brought in to support domestic abuse victims during court proceedings, introduced by the Domestic Abuse Act 2021.
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This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on domestic abuse and considers the civil and criminal law. The first question is a problem question concerning non-molestation orders under the Family Law Act 1996 and injunctions under the Protection from Harassment Act 1997. The second question is an essay focusing on occupation orders, whilst the third is a problem question on the criminal law.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.
Chapter
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic abuse. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic abuse; the civil law and domestic abuse; the Family Law Act 1996, Part 4; third party action on behalf of victims, now under the Domestic Abuse Act 2021; and legal responses to forced marriage.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on domestic abuse and its causes, along with a number of relevant civil law and criminal law remedies. It explains non-molestation orders under the Family Law Act 1996 before turning to a discussion of breach of an order as a contempt of court. It also considers occupation orders, which regulate the occupation of property, along with various categories of applicant who can seek them. Finally, the chapter examines protection available to parties who are not associated persons under the Protection from Harassment Act 1997.
