37. Protection from Harassment

Family Law ◽  
2020 ◽  
pp. 428-432
Author(s):  
Roiya Hodgson

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter examines the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It explains the relevance of this area in relation to family law and details the Protection from Harassment Act 1997. This was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment. Criminal liability for harassment, civil remedy for harassment, and restraining orders are also discussed, as well as how these all relate in family practice.

2019 ◽  
pp. 428-432
Author(s):  
Jane Sendall ◽  
Roiya Hodgson

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter examines the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It explains the relevance of this area in relation to family law and details the Protection from Harassment Act 1997. This was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment. Criminal liability for harassment, civil remedy for harassment, and restraining orders are also discussed, as well as how these all relate in family practice.


2018 ◽  
pp. 428-432
Author(s):  
Jane Sendall

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter discusses the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It details the Protection from Harassment Act 1997, which was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment.


Author(s):  
Jane Sendall

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter discusses the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It details the Protection from Harassment Act 1997, which was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment.


2021 ◽  
Vol 10 (4) ◽  
pp. 131-145
Author(s):  
Ana Borges Jelinic

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.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.


2019 ◽  
pp. 383-392
Author(s):  
Jane Sendall ◽  
Roiya Hodgson

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.


2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock

AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.


1994 ◽  
Vol 19 (4) ◽  
pp. 15-21
Author(s):  
Frank Bates

There is nothing more inscribed nor thought nor felt and this must comfort the heart’s core against Its false disasters - these fathers standing round. These mothers touching, speaking, being near. These lovers waiting In the soft dry grass. [Wallace Stevens. “Credences of Summer”!“I have come to regard the law courts not as a cathedral but rather as a casino”. [Richard Ingrams, former Editor of Private Eye.]Before entering into discussion of the substantive topic, it should be said that Australian Family Law is, in one sense at least, always new. It is without question one of the most scrutinised areas of Australian Law: the Family Law Act 1975 has been amended no less than thirty four times since its coming into force in February 1976, sometimes extensively; it has been the subject of two reports of Joint Select Committees of the Australian Parliament, in 1980 (Bates, 1980) and 1992 (below). In addition, its operation and administration is under continual scrutiny from two statutory bodies – the Family Law Council (Family Law Act 1975 s115) and the Australian Institute of Family Studies (Family Law Act 1975 Part XIVB).


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