Domestic Abuse Flashcards
(44 cards)
What section covers non-mol orders?
S.42(1) FLA 1996
What does s.42(1)(a) say ?
Prohibits a person molestant another who is an associated person or the respondent.
What does s.42(1)(b) say?
Prohibits a person molesting a relevant child who is an associated person.
What does s.42(6) say?
Non-mol can be expressed in general terms or be specific.
Which case says it’s good practice to stage an end date for a non-mol?
Manjra v shaikh 2020
Define molestation.
No statutory definition. Violence or threat there of not requiered.
How does C v C 1998 define molestation?
Molestation is sole deliberate conduct which was aimed at a high degree of harassment of the other party.
What does Davis v Johnson 1978 say about molestation?
May take place without violence and still be a serious threat to mental and physical health.
What does Vaughn v Vaughn 1973 say about molestation?
Nuisance calls amount to molestation.
What does Horner v Horner 1982 say about molestation?
Turning up to place of work is molestation.
What did Re T 2017 say about molestation?
Even tho mother didn’t physically turn up; threat of her doing so was molestation.
Which section defines domestic abuse under the new law?
S.1(2)
- (a) towards another person who is 16 or over and personally connected
- (b) the behaviour is abusive
Which section under the new law defines abuse?
S.1(3)
A. Physical or sexual
B. Violent or threatening
C. Controlling/coercive
D. Economic abuse
E. Psychological abuse
What section does children come under in the new law?
S.3(2)
A. Sees, hears, experiences the domestic abuse
B. Is related to A or B.
What section under the new law defines personally connected?
S.2
A. Married
B. Civil partnership
C. Agreed to marry.
D. In a civil partnership agreement.
E. Intimate personal relationship for significant duration.
F. Parental relationship in relation to the same child (grandparent)
G. Relatives.
What section covers domestic abuse protection orders?
S.27(1) purpose of preventing a person being abusive towards a person aged 16 or over whom is personally connected.
A. Prohibits person from doing things described in order.
B. Required person to do things described in order.
What does s.28 allow?
One free standing application.
What does s.28(5) allow?
The application must be made in the family court.
What is condition A under s.32(2)?
Is that the court is satisfied ON THE BALANCE OF PROBABILTIES that the person has been abusive towards a person, 16 or over who is personally connected.
What is condition B under s.32(3)?
Is that the order is necessary and proportionate to protect that person from domestic abuse carried out by the other person.
What does s.33 cover in the new law?
A. Welfare of any person under the age of 18.
B. The opinion of the victim.
C. Where the court is considering making a provision relating to the premises lived in by the victim, the opinion of any other person who lives in the premises.
Which section says the court can award a DAPO without notice?
S.34(1)
What does s.34(1)(a) state?
Any risk that, if the order was not made immediately, p will cause significant harm to the person whose protection to order would be made.
S.34(1)(b) what does it state?
In a case where an application has been made, whether it’s likely that person may be deterred from making that application if an order is not made immediately.
