Family Law and Practice LPC LG06 D1

LEGAL PRACTICE COURSE

Family Law
Large Group 6


Topic(s):
 Domestic Violence
 Part IV of the Family Law Act 1996 (Occupation and Non-Molestation Orders)


Learning Outcomes:
By the end of this session you will be able to:
 Explain the definition of associated person and relevant child
 Outline the conditions for obtaining occupation and molestation orders
 Explain the public funding conditions for Part IV applications


Session Activities:
 Tutor led discussions
 Consideration of problems in small groups


Materials Attached:
 Pre-Session Task: Session outline
 Occupation Orders Flowchart
 In-Session Task: Keynote: Occupation Orders
 Keynote: Emergency Representation/Legal Aid


Materials to Be Released:
 Answers to in-session exercise – d2e (online only)


Preparation for Session:
 Read chapter 15 CLP Family Law and Practice


Post-Session:
 Review all topics covered in this session




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,© City, University of London 2019 2/29 docs_046455768.docx

, LEGAL PRACTICE COURSE


In-Session Task – Session Outline


1. Domestic Violence Overview
Focus on protection from DV under FLA and the civil law remedies available (NMO and
Occupation orders), we do not look at criminal remedies (just civil law needed for exams)

-NMO is similar to an injunction
-Occupation order: Regulates who can live in the house/creates “safety zones” within the
property – e.g. it could state the Husband needs to leave the property or create a safety zone
i.e. if property can be split easily so one party lives in one room and the other in another
room (depends on level of DV involved, if serious best to exclude party from home)

What is Domestic Violence
Cross-government definition of domestic violence and abuse is: any incident or pattern of
incidents of controlling, coercive, threatening behaviour, violence or abuse between those
aged 16 or over who are, or have been, intimate partners or family members regardless of
gender or sexuality. The abuse can encompass, but is not limited to:
• psychological
• physical
• sexual
• financial – e.g. not giving someone enough money to live on
• emotional
Covers wide range of conduct

Statistics
• On average 1:10 reported crime = domestic violence
• Recent: Daily calls to National Domestic Helpline: up 25% w/k ending 30 March 2020
(due to “lockdown”)
• 70% decision to charge perpetrator but 53% unsuccessful prosecutions due to victims
retracting statements etc (as victim is usually scared and coerced)
• On average 430 people die per year due to domestic violence (very high)
• On average 35 assaults before victim calls police
• Most quoted reason for being homeless

Charities – to help with DV
National domestic abuse helpline, Women’s aid, Shelter, Refuge, National Centre for
Domestic Violence, Mankind, End the Fear

This module focuses on Civil Remedies but remember…
Potential Criminal Remedies
• Criminal law- common assault ABH, GBH, attempted murder etc
• Requires victim to give evidence in public
• Standard of proof beyond reasonable doubt (higher than civil remedies)
• Police powers- can arrest if suspected an assault/no need for court order to arrest
• Will often depend on amount of specialist training of police officers
• Police intervention can be quicker than applying for a civil remedy

-For civil remedies need to ask for powers of arrest, so civil not always possible + slower
-For criminal, very quick to put perpetrator into police custody
-But sometimes police do not always have specialist training, but Home Office is making
improvements (e.g. sometimes do not receive response from police back)
-If client is facing DV, they must at first call the police (as quicker and can cool down the
situation and arrest perpetrator)




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