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Protection from DV - Practice of Family Law
Terms in this set (17)
Introduced forced marriage protection orders
Forced Marriage (Civil Protection) Act 2007
A senior police officer may authorise a temporary one banning the perpetrator from the home/contacting the victim.
Domestic violence protection notice
Police can apply to Mags' Court for one lasting between 14-28 days, gives victim time to get support and consider options.
Domestic Violence Protection Order
s42 FLA 1996
ss33-41 FLA 1996
Applicant must satisfy two conditions to apply for occupation order
them and the resp must be associated persons
property is a dwelling-house and must be or have been intended to be the home of the app and resp
Where the applicant has a right to occupy the property
s33 FLA 1996
Where the applicant is a former spouse/CP with no existing right to occupy but respondent does have a right to occupy
s35 FLA 1996
Where the applicant is a cohabitant/former cohabitant with no existing right to occupy but respondent does have a right to occupy
s36 FLA 1996
Where the applicant is a spouse or former spouse, or CP or former CP, and neither the applicant nor the respondent has the right to occupy the property
s37 FLA 1996
Where the applicant is a cohabitant or former cohabitant and neither the applicant nor the respondent has the right to occupy the property
s38 FLA 1996
Balance of harm test
If it appears to the court that the app or relevant child is likely to suffer significant harm attributable to the conduct of the respondent if an order is made, it is under a duty to make an order unless it appears to the court that the resp or any child is likely to suffer significant harm if the order is made and the harm likely to be suffered by the resp/child is as great or greater than the harm which is likely to be suffered by the applicant, or child if the order is not made.
Harm can be both physical and mental.
PF v CF 
Application for non-mol/occ order form
Confirmation of service form
Power of arrest form to send to police
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