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Chapter

N V Lowe and G Douglas

This chapter deals with the legal responses to various forms of personal behaviour within the domestic sphere which may amount to physical or emotional abuse. It begins with discussions of the definition of domestic violence and abuse; the 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; civil law remedies; and remedies through housing law. It concludes by considering whether the legal response to domestic violence should primarily be the use of the criminal law or through the civil law.

Chapter

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.

Chapter

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.

Book

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.

Chapter

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

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.

Chapter

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; the availability of remedies under the Family Law Act 1996; funding for orders under the Family Law Act 1996; the concept of ‘associated persons’; non-molestation orders under the Family Law Act 1996; and remedies for clients escaping a forced marriage.

Book

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

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.

Book

Roiya Hodgson

Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book, case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.

Book

Jane Sendall and Roiya Hodgson

Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book, case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.

Book

Jane Sendall

Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.

Chapter

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

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.