Domestic Abuse

Question 1

Molestation Definition

Answer 1

Non in statute - C v C 1998
Molestation implies some deliberate conduct at a high degree of harassment to another party so to justify court intervention

Question 2

Davis v Johnson

Answer 2

1978
Molestation may take place without threat or violence and Still be serious or inimical to mental or physical health

Question 3

Vaughan v Vaughan

Answer 3

1973 - nuisance phone calls sufficed as molestation

Question 4

Horner v Horner

Answer 4

1982 - name calling wife / spreading lies / putting up posters about her sufficed as molestation

Question 5

George v George

Answer 5

1986 - shouting abuse when picking up kids sufficed as molestation

Question 6

Re T (a child) (form of molestation)

Answer 6

2017 - extensive research on foster care family sufficed as molestation > held that no direct contact needed to be made

Question 7

NMO DEFINITION

Answer 7

S.42(1) an order containing the following provisions
(A) provisions prohibiting a person from molesting another person who is associated with the respondent
(B) provisions prohibiting the respondent from molesting a relevant child

Question 8

When can court make NMO

Answer 8

S.42 (2) freestanding application by associated person to resp.
Application of existing proceedings by associated person to resp.
Courts own motion in any family proceeding
S.43 children under 16 with sufficient understanding
S.60 third party applications

Question 9

S.42(5) FLA 1996

Answer 9

Discretionary power of NMOS
When deciding whether to exercise court will consider ALL CIRCUMSTANCES eg) secure health, safety and well-being of applicant and or relevant child

S.63 health includes mental health and therefore no need to show physical threat of violence

Question 10

S.42(6)

Answer 10

An NMO order may be
expressed in general terms eg) not to harass / pester
Or refer to particular acts of molestation
Or Zonal Orders

Question 11

S.42(7)

Answer 11

Duration of an NMO - generally 6 months
Period <6 months only appropriate for long term abuse cases
S.42(8) where the non molestation order is made within family proceedings it will end when those proceedings end

Question 12

Wooton v Wooton

Answer 12

1984 - doesn’t need intention to make NMO, violence during epileptic fits sufficed for injunction

Question 13

Re T (a child)

Answer 13

2017 - reaffirmed legislation there to protect victims > intention not necessary