Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

His Honour Judge John Platt: The Domestic Violence, Crime and Victims Act 2004 Part I: Is It Working?

Sep 29, 2018, 17:27 PM
Slug : his-honour-judge-john-platt-the-domestic-violence-crime-and-victims-act-2004-part-i-is-it-working
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 17, 2008, 04:22 AM
Article ID : 86551

His Honour Judge John Platt

Part IV of the Family Law Act 1996 (the 1996 Act) sets out the basic legislative framework for the protection of victims of Domestic Violence in England and Wales. With very limited exceptions all family courts have jurisdiction to make both occupation and non-molestation orders. If the respondent has used or threatened violence, a power of arrest could be attached to relevant parts of the order. Following the decision of the President of the Family Division in Chechi v Bashir [1999] 2 FLR 489 it became effectively mandatory for the court to add a power of arrest to an order when the statutory conditions were satisfied.

In 2003, the Government decided to amend the 1996 Act in two important respects. The first was to make a breach of a non-molestation order a criminal offence. The second was to remove the court's power to add a power of arrest to non-molestation orders made under s 42 of the Act. The court would only be able to add a power of arrest to an occupation order made under ss 33-38 of the Act. The Government's declared intention was that the application of criminal sanctions on breach of a non-molestation order should be the preferred option. Applicants who wished breaches to be dealt with in the family court would have either to apply for a warrant for the arrest of the respondent under s 47(8) or apply for committal on notice to the respondent.

For the full article, see July [2008] Family Law journal.

To log on to Family Law Online or to request a free trial click here.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from