Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments
IntroductionThis article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal...
Family Law journal - take the survey and you could win £50 worth of vouchers
Do you subscribe to Family Law journal?Our aim is to provide all subscribers of Family Law with compelling, insightful and helpful content that you enjoy reading and find useful in your...
Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
The Ministry of Justice has announced that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which received Royal Assent on 25 June 2020, will now have a commencement date of 6 April 2022....
HMCTS blog highlights the use of video hearing due to COVID-19
HM Courts & Tribunals Service has published a blog detailing the impacts of coronavirus (COVID-19) on hearings. Pre-pandemic, HMCTS states that the use of video technology for live participation...
View all articles
Authors

CONTEMPT: Re JC (Committal Proceedings)

Sep 29, 2018, 17:07 PM
Slug : re-jc-committal-proceedings
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 28, 2007, 04:22 AM
Article ID : 86773

(Court of Appeal; Keene, Thomas and Wall LJJ; 15 August 2007)

The district judge had attached a power of arrest to the non-molestation and occupation order obtained by the mother against the father, finding that the father had used or threatened violence to the mother. At the committal proceedings for alleged breaches of the order the circuit judge, directing himself on the criminal standard of proof, found that the mother's fear of the father was based on 'some violence' on the father's part, taking into account the findings of the district judge. Only two of the alleged breaches were established, an allegation that the father had come within 100 metres of the mother's home and verbally abused her on an unspecified date, and an allegation that the father had threatened to kill the mother. The father was sentenced to 28 days in custody, suspended for 12 months.

The committal judge had been entitled to reach the conclusion he had reached, and to bear in mind the fact that the district judge had made an injunction with power of arrest on the basis of the use or threat of violence. The fact that the committal findings might be used in the on-going care proceedings was neither here nor there.

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