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Law and PracticeFROM £64.00
A comprehensive guide to dealing with domestic violence cases
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This new edition has been thoroughly revised. It takes account of recent case-law and provides analysis of all the important procedural developments including:
- introduction of the Family Court
- new chapters dealing with the introduction of domestic violence protections orders
- the increasing recognition of the pernicious effect which such violence can have on children.
The extensive text is supplemented by appendices containing key forms, precedents and legislation.
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- Introduction – How to Use this Book
- Non-molestation Orders under the Family Law Act 1996
- Occupation Orders
- Protection from Harassment Act 1997
- Procedures for Personal Protection Orders
- Transfer of Tenancies
- Domestic Violence Protection Orders
- The Effect of Domestic Violence on Related Proceedings
"an essential tool for both judges and practitioners"Family Law
"the analysis is clear, succinct and very user-friendly. Highly recommended"
"a clear and detailed guide ... easily accessible and of great value to the court"
1.1 The purpose of this book is to provide a quick and reliable guide to practitioners and others relating to the various forms of personal protection available through the court process. The remedies which will be described are those which are designed to protect the individual from some wrong which has been committed against them or which is threatened. These wrongs include assault, molestation, harassment and interference with occupation of a home. The common element in all these remedies is normally that the victim and the perpetrator have, at some stage, been ‘associated’ in a family or quasi-family sense although, as will be seen, even this is not always the case where ‘stalking’ is alleged under the Protection from Harassment Act 1997 (PHA 1997).
1.2 The remedies available are provided partly by statute and partly by the general law. Part IV of the Family Law Act 1996 (FLA 1996) as amended by the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004) provides a comprehensive code for applications for personal protection from molestation by a member of the family or other associated person, and also for occupation of a family home. A person who is not associated cannot apply under FLA 1996. However, there remain cases of harassment and violence between persons who are not included in the class of associated persons eligible under FLA 1996. Here, the position may be remedied by injunctions, made in actions under the PHA 1997 or founded on common law torts.
1.3 The various sections of this book are designed to deal with each of the separate possibilities which may arise. In many cases, of course, there may be overlapping remedies but it is hoped that this approach will provide the quickest solution for the reader.
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