Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
9 Cards in this Set
- Front
- Back
|
Protection from harassment Act 1997 |
Police use this act to deal with assault or harassment in domestic violence cases |
|
|
Domestic Violence Protection Notice |
DVPN can ban perpetrator from the home and having contact with immediate effect. Can apply to magistrates for DVPO which lasts between 14 and 28 days |
|
|
Associated persons s62 FLA 1996 |
The grant of non-molestation orders and occupation orders depends on the applicant or respondent being associated persons. Those who are or have been married are associated persons |
|
|
Non molestation order s42 |
Prevents respondent from molesting applicant and any relevant child. Can prohibit actions or molestation in general. May be for specified period or open ended |
|
|
Occupation orders ss33-41 |
Deal with occupation of family home. For applicant to have a right to apply for an order they must be associated persons and property must be a dwelling house and have been.the home of the applicant and respondent. |
|
|
S33 FLA 1996 applicant has right to occupy the property |
S33 states that where an applicant has a right to occupy they can apply for an order against anyone who is an associated person. Married couples have home rights by virtue of being married to the legal owner therefore married couples should always apply under s33. |
|
|
S33 occupation order |
May state that the applicant is entitled to remain in the home and can prohibit the respondents right to occupy. The court will take into account all circumstances of the case. In particular the housing needs and resources of parties and children, financial resources, likely effect on health, safety and wellbeing , conduct of the parties and balance of harm test |
|
|
Power of arrest s47 FLA 1996 |
Breach of non-molestation order is a criminal offence leading to fine or imprisonment. Court may attach a power of arrest to an occupation order. |
|
|
Obtaining non-molestation and occupation orders procedures |
Interview the client. Obtain public funding. Prepare application FL401. Issue application at court. If application is on notice, serve application to the respondent. Confirm service. Prepare for hearing. Attend hearing. Serve order. |
