By Mandy Burton
This e-book goals to ascertain felony responses to family violence in a holistic method. In England and Wales, as in different jurisdictions, a lot awareness has been paid to the felony justice reaction to household violence. The reaction of the civil justice process has no longer been overlooked, yet has been slightly marginalized. felony Responses to family Violence takes a scientific method of studying felony responses, encompassing the entire variety of determination makers in the felony method to investigate advancements in sizeable legislation and perform, particularly the move in the direction of an built-in justice process.
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Extra info for Legal Responses to Domestic Violence
Despite the applicant having to attend hospital on one occasion to receive treatment for multiple injuries sustained during a beating with a shoe, the judge was able to conclude that the assault was in part provoked by the fact that the respondent had been treated in an ‘autocratic and domineering way’. The most common complaint of certain fathers’ groups is that the family justice system is biased against men seeking contact with their children (Geldof, 2003), although it has been observed that both sexes tend to see the system as biased against them (Kaganas and Day Sclater, 2004).
An entitled applicant can seek an occupation order against anyone with whom she is associated provided the home has been or was intended to be their common home. The courts can make a declaratory or regulatory order. A declaratory order simply declares the nature of the interest from which the right to occupy ﬂows. In order to enforce the right to occupy the applicant must seek a regulatory order. The criteria for regulatory orders for entitled applicants are contained in the Family Law Act 1996, s 33(6) which provides that the courts have discretion to grant an order taking into account all the circumstances—including four basic criteria.
Agreements over contact arrangements are partly, as research discussed in the next chapter highlights, bargains made in the shadow of the law. The legal framework for determining disputed contact arrangements is the welfare checklist in the CA, s 1(3). Under the ‘welfare checklist’, as it will be referred to hereafter, the courts are required to take into account a range of factors including the physical, emotional and educational needs of the child, the capacity of each parent (or other person the court considers relevant) for meeting the child’s needs, and the harm that the child has suﬀered or is at risk of suﬀering.