Family Law: Domestic Violence basics

Legislation: 

Family Law Act 1996, Part IV and the Protection from Harassment Act 1997

Background and statistics:  

Recognition of the need to protect victims started in 1970s after a feminist movement.

Domestic violence statistics: 1 in 4 women and 1 in 6 men will experience physical abuse from their partner or ex-partner in their lives. Domestic violence causes more deaths in women aged between 19 – 44 than war, cancer or car accidents.

Orders:

Non-molestation order – s.42 prohibits the respondent from molesting a specified individual and any relevant child. May be a specific order or a general order. May be for a specified length of time or until further notice.

Occupation order – s.33 orders the respondent to leave the matrimonial home. This is an extreme course of action and Re Y said it should be “the last resort in an intolerable situation”. Interests of the children are not paramount. Conduct is not considered.

Cases:

R v R – abolished marital rape

Yemshaw – domestic violence is not limited to physical but included threatening and intimidating behaviour.

Davis v Johnson – domestic violence is any threat to mental or physical health.

George v George – abusive letters and shouting obscenities

Horner v Horner – upsetting notes and intercepting journey to work

Spencer – rifling through handbag

Johnson v Walton – must intend to cause distress or harm

Wootton v Wootton – no intention but did cause physical harm so an order was still appropriate to protect victims

P v P – court has to decide between “the compulsive behaviour of that most unfortunate individual and the safety and well-being of his family”

Banks v Banks – elderly woman had dementia – order would not help

Lomas v Parle – breach of a non-molestation order taken very seriously