(Family Law) Flashcards on Domestic Violence, created by scott.james.smit on 25/04/2013.
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Created by scott.james.smit
almost 11 years ago
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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
What is the definition of 'likely' re the FLA?
What happens if the significant harm test is satisfied?
Chalmers v Johns
Re Y (children)
What orders can be made under s33 FLA?
what are declaratory orders?
what are orders under s33(3) FLA?
What are s40 orders under the FLA?
who can apply for 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
what orders are available
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
Duration of an order
orders under s35 FLA
ex spouse or ex civil partner with no existing right to occupy
Who can apply?
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
what orders can be made?
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
Duration of an order
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
In respect of what property?
orders under s36, one cohabitant or former co habitant with no existing right to occupy
what can the order contain?
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
duration
Orders under s37, neither spouse nor civil partner entitled to occupy
who cannot apply for an occupation order?
Core issues with OO.
Conduct
Core issues with OO.
Property Interests
Ex parte Non molestation orders and Occupation orders under the FLA 1996
What is an undertaking
How is an undertaking enforced?
Restrictions on the Court Re undertakings
How long can a non molestation order last?
Powers of arrest
can an order be made against a person who cannot control their actions?
what is the punishment for breaching an order
Banks v Banks
Wilson v Webster
G v G(occupation order: Conduct)
why has there been a reduction in the use of civil remedies?
How are the non molestation orders enforced?
What proof is required under the PHA 1997 s1
Harassment under PHA
Response to s42A
Course of Conduct under the PHA
Lau v DPP
R v Hills
What should happen if a non molestation order is breached?
Cambridge CC v D
R v Colohan
Defences to PHA
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)
Who can apply?
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?
Problems with DV and housing law
DV and criminal law
Rape
BvB
R v R
DV and criminal law
Assaults
R v Ireland and Burstow
problems of arrest with DV and criminal law
Reforming the Criminal proceedure
Why does the law find DV so difficult?
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
