Who can apply?

orders under s36, one cohabitant or former co habitant with no existing right to occupy

Core issues with OO.

Conduct

who cannot apply for an occupation order?

duration

Orders under s37, neither spouse nor civil partner entitled to occupy

what factors are to be taken into account?

Orders under s37, neither spouse nor civil partner entitled to occupy

what can the order contain?

Orders under s37, neither spouse nor civil partner entitled to occupy

In respect of what property?

orders under s36, one cohabitant or former co habitant with no existing right to occupy

Who can apply?

Orders under s37, neither spouse nor civil partner entitled to occupy

Duration of an order

orders under s36, one cohabitant or former co habitant with no existing right to occupy

what factors are to be taken into account?

orders under s36, one cohabitant or former co habitant with no existing right to occupy

what orders can be made?

orders under s36, one cohabitant or former co habitant with no existing right to occupy

in respect of what property?

orders under s36, one cohabitant or former co habitant with no existing right to occupy

Core issues with OO.

Property Interests

Duration of an order

orders under s35 FLA
ex spouse or ex civil partner with no existing right to occupy

what factors are taken into account?

orders under s35 FLA
ex spouse or ex civil partner with no existing right to occupy

what orders are available

orders under s35 FLA
ex spouse or ex civil partner with no existing right to occupy

in respect of what property

orders under s35 FLA
ex spouse or ex civil partner with no existing right to occupy

who can apply for orders under s35 FLA
ex spouse or ex civil partner with no existing right to occupy

What are s40 orders under the FLA?

what are orders under s33(3) FLA?

what are declaratory orders?

What orders can be made under s33 FLA?

Re Y (children)

Chalmers v Johns

Lau v DPP

Why does the law find DV so difficult?

Reforming the Criminal proceedure

problems of arrest with DV and criminal law

R v Ireland and Burstow

DV and criminal law

Assaults

R v R

DV and criminal law

Rape

Problems with DV and housing law

Defences to PHA

R v Colohan

R v Hills

What happens if the significant harm test is satisfied?

Course of Conduct under the PHA

Harassment under PHA

What proof is required under the PHA 1997 s1

why has there been a reduction in the use of civil remedies?

Wilson v Webster

what is the punishment for breaching an order

Powers of arrest

Restrictions on the Court Re undertakings

How is an undertaking enforced?

What is an undertaking

Ex parte Non molestation orders and Occupation orders under the FLA 1996

What is the definition of 'likely' re the FLA?

How long can a non molestation order last?

can an order be made against a person who cannot control their actions?

Banks v Banks

G v G(occupation order: Conduct)

How are the non molestation orders enforced?

Response to s42A

What should happen if a non molestation order is breached?

Cambridge CC v D

what is an occupation order?

How many groups of applicants for OOs are there and who can they apply against?

Who can apply for an OO?

s33- married and entitled applicants (OO)

What property order can be sought?

s33- married and entitled applicants (OO)

Against whom can the order be made?

s33- married and entitled applicants (OO)

What factors will be taken into account?

BvB

What is the meaning of 'harm' re the FLA?

what is the definition of 'significant harm' re the FLA?

Humberside CC v B

What is the definition of 'attributable' re the FLA?

B v B

G v G

s33- married and entitled applicants (OO)

Who can apply?

Definition of Domestic Violence
Home Office

Incidence of Domestic Violence Stats

Causes of Domestic Violence

Psychopathological Theories on DV

Theories about the position of women in society as a cause of DV

Hester v Westmarland

The family relationship as a cause of DV

when was DV first really noticed?

Select committees response to discovery of DV?

What statutes were passed after select committee report on DV?

What orders are available under the FLA 1996?

what is a non molestation order?

why are molestation orders seen as odd?

who can apply for a non molestation order?

Where can the list of associated persons be found?

FLA s62(3)(b)
Cohabitants or former partners

FLA s62(3)(c)
The live or have lived in the same household

FLA s62(3)(d)
They are relatives

FLA s62(3)(e)
They have agreed to marry eachother

FLA s62(3)(g)
They are parties to the same family proceedings

on what grounds can a non molestation order be granted?

what can a non molestation order contain?

CvC (non molestation order: jurisdiction)

Johnson v Walton