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Sunday, September 22, 2013

Family Law: Domestic Violence

Being a victim of domestic rage, Mrs. Sandra O. Connor flush basin have for two different types of straddles against Keith O Connor, and they are: * A non-molestation bless this prevents a somebody from causing harm or universe violent to you or a child. * An occupation order this decides who can live in the family residence after at that place has been violence and harassment and can direct a nonher person to afford the home. Sandra may make her application at some(prenominal) county dart with divorce or family jurisdiction or at all magistrates court with family jurisdiction, and may have to pay a fee, which resoluteness not be charged if she is receiving: * Financial support; or * Family acknowledgement; or * Advice from a solicitor downstairs the juristic Aid and assistant Scheme. According to s 42(1) of the Family Law dissemble 1996 Part IV (FLA 1996), a non-molestation order is one that prohibits the responsive fr om molesting another person and / or relevant child who is associated with the respondent.
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The line Molestation, has not been specify in the FLA 1996, but it has been accepted that it includes a wide ramble of threatening behaviour much(prenominal) as strong-arm violence, solemn pestering, and psychological harassment, as in the case of Horner v Horner (1982), Ormerod LJ utter that: I have no doubt that the boy molesting...does not imply necessarily every violence or threats of violence. It applies to any conduct which can properly be regarded as such a degree of harassment as to vociferation for the intervention of the court. Sandra can apply for a non-molestation order under the FLA 1996, s 62(3) as she is assoc! iated to Keith O Connor: * By marriage - she has been his married woman for golf-club years and therefore related to him; * They have lived unitedly in the same household as husband and wife and either one is not the others employee, tenant, lodger, or lodger; * To fetchher they have a daughter named Chloe, cured octad and have parental responsibility for her....If you want to get a full essay, order it on our website: OrderEssay.net

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