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Chapter

Cover Family Law

4. Protection from Domestic Abuse  

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.

Chapter

Cover Concentrate Questions and Answers Family Law

5. Domestic Abuse  

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.

Chapter

Cover Family Law

7. Domestic Abuse  

In the past, domestic abuse and intimate partner violence were viewed as private matters, ones that rarely necessitated criminal or civil sanction. The law has changed quite considerably over time thanks to a growing recognition of the nature and consequences of domestic abuse. This chapter considers the effect and nature of domestic abuse and looks at how the law has sought to address it. The chapter starts by defining the term ‘domestic abuse’. Domestic abuse is very difficult for the law to deal with effectively for a couple of key reasons: the legal powers are piecemeal and overlapping and the police and prosecution responses have been lacking. Rates of domestic abuse remain high so there is still work to be done to protect people.

Chapter

Cover The Oxford Handbook of Criminology

18. Domestic violence  

David Gadd

This chapter outlines the key definitional and aetiological issues surrounding domestic violence perpetration. It begins with a discussion of how the COVID-19 pandemic impacted on domestic abuse globally, before assessing international estimates of the percentage of women worldwide who have ever been physically or sexually assaulted by a partner. The second section of the chapter reviews the British historical literature to show how Victorian concern with the protection of respectable women from ‘wife-beaters’ yielded to a medical-psychiatric discourse that blamed hysterical women for provoking men with quick tempers. It then outlines how twentieth-century feminist accounts reframed the problem of ‘wife-beating’ variously in terms of ‘domestic violence’, ‘domestic abuse’, ‘intimate partner violence’, ‘coercive control’, and ‘gender-based violence’ in efforts that exposed the roles of sexism, inadequate legal protection, and gender inequality in perpetuating a ‘continuum’ of abuse against women under patriarchy. The third part of the chapter appraises the critique of gender-based perspectives provided by psychological studies, some of which point to ‘gender symmetry’ in the perpetration of domestic violence and some of which reveal personality differences between perpetrators and non-violent men; as well as sociological studies that expose how the intersections between gender and ethnicity, sexuality and age manifest themselves, both in incidents of domestic violence and in official reactions to them. The chapter concludes by pointing to the challenge of finding a common voice capable of capturing the collective experiences of those in need of protection from domestic violence as well as the need to find ways of responding to perpetrators whose attitudes, motives, backgrounds are not necessarily identical to each other. These challenges are rendered more acute when the law is revealed as unpredictable in its capacity to determine the culpability of the small minority of men who perpetrate grievous assaults on their partners.

Book

Cover Concentrate Questions and Answers Family Law
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. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable and non-marriage; divorce and judicial separation; domestic abuse; family property; financial remedies and child support; parenthood and parental responsibility; children’s rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.

Book

Cover Family Law Concentrate
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. Family Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: families, civil partnerships, and cohabitation; nullity; divorce, dissolution, and judicial separation; domestic abuse; financial provision on divorce or dissolution; Children—private law; Children—public law; adoption; and child abduction. This, the fifth edition, has been fully updated in light of recent developments in the law, including the extension of civil partnerships to heterosexual couples, the Law Commission reviews of the law of surrogacy and marriage and proposals to reform the law of divorce and domestic abuse.

Book

Cover Family Law

Joanna Miles, Rob George, and Sonia Harris-Short

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. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law, in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: civil partnership after R (Steinfeld and Keidan) (2018); divorce law following Owens v Owens (2018) and the government’s consultation on reform; domestic abuse, including consultation ahead of the draft Domestic Abuse Bill and forced marriage; rights under the ECHR and UNCRC in children proceedings; surrogacy following Re Z (A Child) (No 2) (2016); child arrangements orders; specific issue and prohibited steps orders, including relocation law; local authority voluntary accommodation following Williams v London Borough of Hackney (2018). There is a new chapter dedicated to property and financial issues after the breakdown of relationships other than marriage and civil partnership. The introductory chapter, supported by materials on the Online Resources, considers some of the contemporary challenges faced by the family justice system.

Chapter

Cover Hayes & Williams' Family Law

3. Protection from domestic abuse and occupation of the family home  

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.

Chapter

Cover Bromley's Family Law

5. Protection from Domestic Abuse  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter begins with discussion of the definition and scale of domestic abuse; government strategy; and gender-based abuse as a breach of human rights. It then turns to the protection afforded by the criminal law, before considering a range of civil law remedies. Towards the end of the chapter, attention is given to law reform proposals in the Domestic Abuse Bill 2020.

Chapter

Cover The Oxford Handbook of Criminology

29. Domestic violence  

David Gadd

This chapter outlines the key definitional and aetiological issues surrounding domestic violence perpetration. It begins with international estimates of the prevalence of domestic violence, many of which confine themselves to assessments of the percentage of women worldwide who have ever been physically or sexually assaulted by a partner. The second section of the chapter reviews the British historical literature to show how Victorian concern with the protection of respectable women from ‘wife-beaters’ yielded to a medical-psychiatric discourse that blamed hysterical women for provoking men with quick tempers. It then outlines how twentieth-century feminist accounts reframed the problem of ‘wife-beating’ variously in terms of ‘domestic violence’, ‘domestic abuse’, ‘intimate partner violence’, ‘coercive control’, and ‘gender-based violence’ in efforts that exposed the roles of sexism, inadequate legal protection, and gender inequality in perpetuating a ‘continuum’ of abuse against women under patriarchy. The third part of the chapter appraises the critique of gender-based perspectives provided by: psychological studies, some of which point to ‘gender symmetry’ in the perpetration of domestic violence and some of which reveal personality differences between perpetrators and non-violent men; and sociological studies that expose how the intersections between gender and ethnicity, sexuality and age manifest themselves, both in incidents of domestic violence and in official reactions to them. The chapter concludes by pointing to the challenge of finding a common voice capable of capturing the collective experiences of those in need of protection from domestic violence as well as the need to find ways of responding to perpetrators whose attitudes, motives, backgrounds are not necessarily identical to each other. These challenges are rendered more acute when the law is revealed as unpredictable in its capacity to determine the culpability of the small minority of men who perpetrate grievous assaults on their partners.

Chapter

Cover Family Law

4. Domestic Abuse  

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

Cover Concentrate Questions and Answers Family Law

12. Mixed Topic Questions  

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. In real life a client is likely to require advice in relation to a number of family law issues and as a consequence, family law assessments sometimes require students to demonstrate knowledge and understanding of a variety of topics. This chapter contains five mixed problem questions that cover more than one area of family law: together they cover forced marriage; nullity; divorce; domestic abuse; legal parenthood; child maintenance; private law relating to children; the resolution of family disputes; financial remedies on divorce; and family property.

Book

Cover Family Law

Rob George, Sharon Thompson, and Joanna Miles

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. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: the advent of mixed-sex civil partnership; a thoroughly overhauled chapter on divorce law, in light of the reform effected by the Divorce, Dissolution and Separation Act 2020; new laws relating to domestic abuse, introduced by the Domestic Abuse Act 2021; a revised analysis of Gillick competence and children’s autonomy rights in light of recent case law; and detailed consideration of the latest developments in relation to contact and domestic abuse after Re H-N (Domestic Abuse: Findings of Fact Hearings) [2021] EWCA Civ 448. Updated case law includes Guest v Guest [2022] UKSC 27, Bell v Tavistock and Portman NHS Trust [2021] EWCA Civ 1363, R (McConnell) v The Registrar General for England and Wales [2020] EWCA Civ 559, Re H-N (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448, Re H-W (Care Proceedings) [2022] UKSC 17, and Re A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41.

Chapter

Cover Introduction to the English Legal System

7. The family justice system  

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

Chapter

Cover Family Law Concentrate

4. Domestic abuse  

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.

Book

Cover Hayes & Williams' Family Law

Stephen Gilmore and Lisa Glennon

Gilmore and Glennon’s Hayes and Williams’ Family Law, now in its seventh edition, provides critical engagement with key areas of family law, with detailed, yet accessible, expositions of case law, key legislation, and debates affecting adults and children. The volume includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. A section entitled ‘New to this Edition’ provides a detailed account of developments since the last edition.