Family Law

Domestic Abuse Practice and Precedents

By Jane Wilson
Law Society Publishing June 2010

Specifications

ISBN-13
9781853288388
Publisher
Law Society Publishing
Publication
June 2010
Format
Paperback + CD-ROM , 400 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This essential new book is a fully comprehensive guide to all aspects of domestic abuse. Domestic Abuse outlines the various options, both civil and criminal, and contains the law and procedure relating to applications for injunction orders. Precedents, letters and checklists are provided within the book and on the accompanying FREE CD-ROM, for:

  • non-molestation and occupation orders
  • Housing Act Injunctions
  • forced marriage protection orders
  • finding of fact hearings
  • Protection from Harassment Act injunctions.

The book takes account of changes made by the Civil Partnership Act 2004, Domestic Violence Crime and Victims Act 2004, the Forced Marriage (Civil Protection) Act 2007 and the Practice Direction: Residence and Contact Orders: Domestic Violence and Harm 2009.

Sections within the guide provide information on obtaining evidence and preparing statements and special measures available to enable vulnerable parties to give their best evidence at hearings. There is also an overview of Multi-Agency Risk Assessment Conferences (MARACs) and how crimes, including breach of a non-molestation order, are dealt with in the new Specialist Domestic Violence Courts.

Table of Contents

1. Frequency and risk of domestic abuse and its impact on the sufferer; 
2. Public funding;
3.Taking initial instructions; 
4. Evidence and statements; 
5. Vulnerable parties and witnesses;
6. Non-molestation and occupation orders under the Family Law Act 1996, Part IV; 
7. Forced marriage protection orders under the Family Law Act 1996, Part IVA; 
8. Protection from Harassment Act 1997; 
9. Injunction to restrain a tort; 
10. Housing Act 1996; 
11. Enforcement in the civil court following breach;
12. The implications of domestic abuse in residence and contact applications;
13. Domestic abuse in criminal proceedings; 
Appendices.

About the Author

Jane Wilson is senior partner at Hall Smith Whittingham LLP in Crewe and is a solicitor and Higher Court Advocate (Civil Proceedings) representing domestic abuse sufferers and perpetrators. Jane is a Resolution Accredited Specialist in Domestic Abuse and Advocacy-Children (Private Law), Chair of Resolution's Domestic Abuse Committee, and a member of the Cheshire East Domestic Abuse Partnership Strategic Management Group.

Reviews

"The book does succeed in providing a comprehensive guide to all aspects of domestic abuse. A very helpful, and above all practical, addition to the library of any family practitioner, whether acting for alleged victim or perpetrator."

Family Lore

"This book is essential reading for all involved in both criminal and civil jurisdictions as a fully comprehensive guide to all aspects of domestic abuse."

Phillip Taylor, Richmond Green Chambers

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