5. Family Property and Domestic Violence

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Real Property ◽  
The Family ◽  
Questions And Answers ◽  
Family Home ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on family property and domestic violence, which may not appear to be related, but the right to occupy real property by virtue of a legal or beneficial interest affects the right to apply for an occupation order in domestic violence situations. In addition, occupation orders are used to resolve disputes relating to the right to occupy real property in situations where there is no domestic violence. The first two questions consider ownership of family property, with emphasis on the family home, whilst the last two questions concern protection from domestic violence and focus on non-molestation and occupation orders available under the Family Law Act 1996.

3. Protection from domestic violence and occupation of the family home

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic violence. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter also discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

5. Domestic Violence

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Family Law ◽  
The Third ◽  
The Family ◽  
Questions And Answers

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on domestic violence and considers the civil and criminal law. The first question is a problem question concerning non-molestation orders under the Family Law Act 1996 and injunctions under the Protection from Harassment Act 1997. The second question is an essay focusing on occupation orders, whilst the third is a problem question on the criminal law.

Introduction

2019 ◽  
pp. 1-10
Author(s):  
Eve M. Brank
Keyword(s):  
Human Behavior ◽  
Family Law ◽  
Direct Experience ◽  
Psychology And Law ◽  
Family Situation ◽  
The Family ◽  
Personal Experiences ◽  
Government Involvement ◽  
Family Home

Family law can be analogized to a door to the family home representing how the family is sometimes open to more or less government involvement depending on the family situation. Family law is vast and diverse, but well-suited for psychology and law inquiry. Both fields are focused on human behavior and at its core family law is about human behavior. Indeed, no other area of law touches so closely to individuals’ own personal experiences because everyone has direct experience in one way or another with family law. And, those experiences touch on the most intimate and private areas of life.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

34. Protection under the Family Law Act 1996: Occupation Orders

Family Law ◽  
2020 ◽  
pp. 393-404
Author(s):  
Roiya Hodgson
Keyword(s):  
Family Law ◽  
The Family ◽  
Family Home

The Family Law Act 1996 allows a court to make occupation orders to regulate the occupation of the family home. This chapter discusses the effect of occupation orders in that the general aim is to regulate the occupation of the family home. The tests for each order, duration, and which order to choose for the client are outlined under each section. What the court can order is also explained as well as ancillary orders and transfer of tenancies. A flowchart is provided in order to help work out which order to apply for, depending on the circumstances of the case.

4. Domestic Abuse

Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
Legal Responses ◽  
The Family

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.

4. Domestic Violence

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Justice System ◽  
Family Law ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
The Family ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.

scholarly journals Navigating the Family Law Provisions: Migrant Women’s Voices

2021 ◽  
Vol 10 (4) ◽  
pp. 131-145
Author(s):  
Ana Borges Jelinic
Keyword(s):  
Domestic Violence ◽  
Cultural Differences ◽  
Family Law ◽  
Migrant Women ◽  
Women's Voices ◽  
The Family ◽  
The Law ◽  
Permanent Residency ◽  
Set Up ◽  
Legal Immigration

This article considers the voices of migrant women engaging with Home Affairs to guarantee permanent residency (PR) in Australia after experiencing domestic violence. Data collected from longitudinal interviews with 20 participants were considered, with two participants’ stories analysed in detail. The research indicates how the legal immigration system is set up in a way that does not listen to women and disadvantages them. Particular issues pointed out include extended timelines, lack of concern for cultural differences and inconsistencies in the process, and how they affect women undermining the goal of the law, which is to protect migrants from sponsors’ violence.

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