A collection of the best LPC Family Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of LPC Family Law notes available in the UK this year. This collection of notes is fully updated...
The following is a more accessible plain text extract of the PDF sample above, taken from our Family Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Domestic violence is not limited to physical abuse
Recognised in 1960s
Area of social trouble
rise of feminism and female autonomy
overwhelming woman suffer from domestic violence than a much greater weight than man, physical violence impact greater on woman
contained in very piecemeal and haphazard legislation
Not much access to law although different remedies(criminal law) available
Court also had powers to make orders under inherent jurisdiction and under tort laws
Clear coherent legislation needed- usually still love person so do not want them in jail, victim usually protect them, prosecution, need a special family problem solution without bringing in criminal law
Family Law Act 1996 Part 2
Non-molestation(騷擾)orders under the Family Law Act 1996(FLA) prohibit a person from molestating a person they are associated with, or a relevant child
Restrain order: named person is not allow to molest ie. Contact, visit
FLA 1996 did not define molestation
See as conducts that harasses or threatens A
Who can apply:
Must show associated persons S62(3)
G v F (Non-Molestation Order: Jurisdiction): If it is unclear whether the relationship falls within these categories, it should be treated as if it does
Courts may make such orders of their volition意志 but they seldom do
Child under 16 may apply but must obtain leave(permission) from court S43 FLA1996
Courts will consider S42(5) whether to exercise its power, if so, in what manner, the court shall have regard to all circumstances including the need to secure the health, safety and well-being
(a) of the applicant
(b) and of any relevant child
Order can be wide and can prohibit many types of conduct
But conducts must be threatening or harassment
Cannot use to remove someone from home (do not act as backdoor)
When someone is removed through occupation orders, non-molestation order may specify that they cannot come in certain specified area where victim is located
Consequences of breach:
S42A- Criminal Offence if breach without reasonable excuse
More robust to attain criminal consequences on top of civil consequences which are long process
Person must be aware of existence of order
Cannot be dealt with both criminal and civil proceedings
Police have power of arrest and person can be prosecuted
Police actually used caution and CPS did not prosecute not much actual protection
Formerly, victim had to bring contempt of court action 蔑視法庭
Undermines victim autonomy and fail to appreciate the nature of domestic violence
Can be strengthened by extending penalties in civil proceedings
Breach of molestation order is a criminal offence, but if criminal proceedings are not taken, breach can be dealt with in the civil courts as a contempt of court
Civil court: custodial sentence, maximum 2 years
Should not be distinctly different from criminal offence of Harassment
If violence, imprisonment
Criminal court more extensive- can impose fines, imprisonment, community sentence, rehabilitation orders
Sentence imposed for breach of order should be primarily concerned with ‘ensuring that the order is complied with and achieve protection it aimed to achieve’
Sentence also depend on original conduct, severity of breach, nature of breach
Protection from Harassment Act 1997
S1
(1)A person must not pursue a course of conduct-
(a) Which amounts to harassment of another,
(b) Which he know or ought to know amounts to harassment of the other
(2) The person (whose course of conduct is in question) ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other
Parties do not need to be related or have any relationship with each other ie. Quasi-family situation: ex’s current partner, non-direct relatives
Both criminal and civil proceedings
fine or jail upon summary conviction and also civil claim S3
S4 putting people in fear of violence but must be a course on at least 2 occasions
S5 Restraining order
Domestic Violence, Crime and Victims Act 2004
New provision affect sanctions for breach and not criteria for initially making the order
Victims choose to take criminal proceedings more
But criminalising breach of non-molestation order discouraged victims to apply the order, although it intended to increase level of protection to victims
Seeking an order is expensive and reduction in availability of legal aid
Occupation orders regulate the occupation of property
Can be used to remove an abuser from the home
Give right to victim to enter and remain in home
Or both
Depend on
Relationship
Entitlement to home
S33- Person may apply to court for an order
If a person is
Entitled to occupy a dwelling-house as a beneficial or has the right to remain in occupation; or
Has home rights in relation to the house (if married, have home rights in any property own by spouse)
The dwelling house
Is or at any time has been the home of the person entitled and another associated person; or
Was at any time intended by the person entitled and any such other person to be their home.
(4) An order under this section may declare that A is entitled as mentioned in ss(1)(a)(i) or has home rights
(5) If A has home rights and R is the other spouse, an order can be made during the marriage may provide that those rights are not brought to an end by-
(a) the death of the other spouse; or
(b) the termination (otherwise than by death) of the marriage
Person entitled if they are registered owners or have some other kind of proprietary interest in the home
Beneficial interest under a trust, estoppel, estate contract (in equity)- difficult to prove and insufficient time to apply for court to prove property interest and domestic violence case S v F (Occupation Order)- not enough time to determine if applicant had all necessary evidence to prove S33 interest so used S35 instead but lower level protection
Moore v Moore...
Buy the full version of these notes or essay plans and more in our Family Notes.
A collection of the best LPC Family Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of LPC Family Law notes available in the UK this year. This collection of notes is fully updated...
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