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Family Law Act 1996 - Assignment

   

Added on  2020-10-22

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Family Law Act 1996 - Assignment_1

Table of ContentsPART 1............................................................................................................................................1a) Rules and laws related with protection of Carla and children from the violence andharassment from Jonathan...........................................................................................................1b) Provision than can aid Carla to remain in the family home with her children whileexcluding Jonathan from same....................................................................................................2
Family Law Act 1996 - Assignment_2

PART 1Family Act, 1996: The act significantly deals with the rules and provision related withdivorces, protection of women against domestic violence and harassment from their spouse orfamily members. The rules applicable as legal aid to women facing domestic violence andharassment have changed with time (Harassment and the law, 2018). The legal system of UKprovides right to women to protect herself and her children from the abuser by applying for acivil injunction or protection order. An injunction is an order from the court which requires aperson to do something or to refrain him/her from doing an act. There are two type of injunctionorder that can be obtained from the court as per the Part IV of family Law Act, 1996:A non molestation orderAn occupational orderEligibility to get injunction: For getting an injunction order an individual must be anassociated person which means the abuser and the person getting abuses are associate with eachother in one way or another, this includes persons married, engaged to be married, civil partners,persons living together, have lived in same household, are relatives, have a child together, are orwere in an intimate relationship for a significant time duration. Effect of an injunction order: With getting an injunction order of any of the abovementioned type against a person who is an abuser and involve in acts of violence and harassmenttowards any person, can be prohibited by the court from behaving in certain way (Dragiewiczand Burgess, 2016). The orders of the courts are reasonable and relevant to the violence andharassment suffered by a person. With getting an injunction order the defendant who is theabuser is forbidden:from coming within 20 meters of the home of the claimant,from communicating with the claimant directly or indirectly;For harassing, intimidating or pestering the claimant.a) Rules and laws related with protection of Carla and children from the violence and harassmentfrom JonathanInjunction order against violence and harassment of wife and children: For instances wherethe abuser and person getting abused are associated with each other, the latter one can apply forgetting an injunction under the Family Law Act, 1996 for a domestic violence injunction underthe name of non molestation order.1
Family Law Act 1996 - Assignment_3

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