Family Law: Dealing with Domestic Violence and Property Distribution

This article discusses domestic violence and property distribution under family law. It explains the legal actions that can be taken against domestic violence, including the issuance of a Domestic Abuse Protection Order. It also covers the distribution of family assets during divorce, including the court's power to distribute assets under the Matrimonial Causes Act 1973. The article also provides information on the definition of domestic violence and the legal options available to victims.

Family Law

Table of Contents
aMAIN BODY................................................................................................................................3
Question 1........................................................................................................................................3
Question 2........................................................................................................................................4
Question 3........................................................................................................................................5
REFERENCES................................................................................................................................1

MAIN BODY
Question 1
Domestic violence can be defining as criminal offence of domestic abuse and the act has been
criminalised. It includes misdemeanour crimes and felony of violence committed by current of
former spouse of intimate partner of victim as well as person with whom the victim shares a
child in common. Along with this, the abuse can be informing of physical, emotional and mental
according to the act of Domestic violence 20211. The judicial authority has made and
implemented various legislation in order to protect victim and to control the rate of increasing
crime through strict legal action. In the case of Carl and Gail there has been physical and mental
abuse by husband and victim wants divorce but does not want to share its material property to
the partner 2. This is one of the common issues which has been faced by couples during divorce
so in order to deal with court has power to distribute family assets.
Moreover, matrimonial property means assets owned and earn by spouse during their
marriage such as car, house of pension. Even if property has been owned before marriage but use
for living with the spouse will be considered as family assets 3. The court has power to distribute
family assets under Matrimonial Causes Act 1973 and consideration of children always come
first. The court can pass an order to periodic child and spouse maintenance as well as the
payment shall be secured against property. A property judgement order where it will be
transferred from one spouse to another if the judge feels it is necessary to come to a fair
arrangement 4. Although a clean break distribution without ongoing support payments. But if the
property has been brought together then both are equally and legally entitling to stay here. Along
with this, Gail is liable for maintenance for child and itself from the spouse after divorce or either
in judicial separation and it can be taken in lump sum or on monthly basis.
1 Arai, Lisa and et.al., 2021
2 Hegarty, Kelsey and et.al., 2020
3 Carter, Bethan and et.al., 2022
4 Crawley and et.al., 2020

Question 2
Domestic Abuse Protection Order is known as restraining order or protection order used under
domestic violence UK and it is enforceable nationwide under Violence Against Women Act 5. It
is legal action against respondent who has committed act of threaten, Stalk or hurt to victim is
given order to stop. It also ceases the direct and indirect contact with the goal of reducing risk for
future threat and risk to petitioner 6. Although the party should be in sexual or spousal
relationship and if the petiole is in unwanted reaction with respondent then Harassment
Restraining Order may be used. DVOP is a document signed by a judge and it tells abuser to
stop the abuse or it will have to go through some serious legal consequence. The order offers
civil legal protection from the domestic violence to both men and women. Although there are
two type of domestic violence order such as Ex parte and temporary protective orders and final
one is called as50B or restraining order 7. An Ex parte will allow the victim to get immediate
protection from the abuser and judge may issue that on the same day of filling the case.
However, in case of final domestic violence full court of hearing need to heard and abuser has to
be given with notice and provide with chance of opportunity to attend. The final decision order
protects exactly like temporary restraining order but it last longer till one year and victim can ask
to extend the order foe additional 2 years but it need to be done before expires 8. Moreover, in
case of Gail it is liable for issuing DVOP order o Carla as it has been suffering from threating
and assault. This order will allow Gail to live in the house peacefully and order abuser to move
out and not to return no matter who owns the home or on the lease. If any actions have been
done by abuser, then victim can call police and remove the abuser from the home.
5 Katz, Emma, Anna Nikupeteri, and Merja Laitinen. 2020,
6 Heywood, Isobel and et.al., 2019
7 Hine, Benjamin, Elizabeth A. Bates, and Sarah Wallace., 2022,
8 Huntley and et.al., 2020

Question 3
Domestic abuse is called domestic violence and it can be defining as pattern of behaviour in any
relationship that is use to gain or maintain power and control over partner9. Abuse can be in form
of sexual, mental, emotional and psychological actions or threats of actions that influence
another person10. Although it includes behaviour that hurt, intimidate, humiliate, blame or injure
someone. It can happen with anyone of any gender, age, religion or sex and it can occur within a
range of relationships like married couple, living together or dating.
In the above mentioned case it has been found that any one of the spouse or partner treat the
person roughly like grabbing, pinching and pushing as well as saying hurtful things11. Carl use
to decide everything for Gail such as clothes it will wear and whom it will talk. It uses to push
Gail down the stairs, hitting and on one occasion broke her arm. Although Carl has also taken
out its frustration on Julia many times and done some violent actions. There has been no money
given by Gail husband and not even allowed to move out from the house. It has also Threaten
Julia and Gail that it will finish them all off 12.
Moreover, it can be stated that all the actions of Carl come under domestic violence act as
Gail has been suffering from physical and financial as well as Julia was also victim of physical
abuse. Thus, Gail can call on National Domestic Violence Hotline as it will help in giving the
guideline to victim and all the advice and information may be useful in dealing with the matter.
Although in UK it has been consider as criminal prosecution under the law so strict legal actions
will be taken by victim against abuser13. However, Gail can file divorce case against Carl on the
ground of domestic abuse and it will be considered valid by the court or it has option of taking
judicial separation and liable for taking financial maintenance.
9 Rauhaus, Beth M. and et.al., 2020,
10 Williamson, Emma, Nancy Lombard, and Oona Brooks-Hay., 2020
11 Sohal, Alex Hardip and et.al., 2020
12 Westmarland, Nicole, Kelly Johnson, and Clare McGlynn, 2018
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REFERENCES
Books and journals
Arai, Lisa and et.al., 2021. "Hope, agency, and the lived experience of violence: A qualitative
systematic review of children’s perspectives on domestic violence and abuse." Trauma,
Violence, & Abuse 22, no. 3 (2021): 427-438.
Carter, Bethan, Shantini Paranjothy, Alisha Davies, and Alison Kemp., 2022, "Mediators and
effect modifiers of the causal pathway between child exposure to domestic violence and
internalizing behaviors among children and adolescents: a systematic literature review." Trauma,
Violence, & Abuse 23, no. 2 (2022): 594-604.
Crawley and et.al., 2020,"Wider collateral damage to children in the UK because of the social
distancing measures designed to reduce the impact of COVID-19 in adults." BMJ Paediatrics
Open 4, no. 1 (2020).
Hegarty, Kelsey and et.al., 2020, "Health practitioners' readiness to address domestic violence
and abuse: a qualitative meta-synthesis." PLoS one 15, no. 6 (2020): e0234067.
Heywood, Isobel and et.al., 2019, "A qualitative exploration of ‘thrivership’among women who
have experienced domestic violence and abuse: Development of a new model." BMC women's
health 19, no. 1 (2019): 1-15.
Hine, Benjamin, Elizabeth A. Bates, and Sarah Wallace., 2022, "“I have guys call me and say ‘I
can’t be the victim of domestic abuse’”: Exploring the experiences of telephone support
providers for male victims of domestic violence and abuse." Journal of interpersonal
violence 37, no. 7-8 (2022): NP5594-NP5625.
Huntley and et.al., 2020, "Help-seeking by male victims of domestic violence and abuse (DVA):
a systematic review and qualitative evidence synthesis." BMJ open 9, no. 6 (2019): e021960.
Katz, Emma, Anna Nikupeteri, and Merja Laitinen. 2020, "When coercive control continues to
harm children: Post‐separation fathering, stalking and domestic violence." Child abuse
review 29, no. 4 (2020): 310-324.
Rauhaus, Beth M. and et.al., 2020, "Addressing the increase of domestic violence and abuse
during the COVID-19 pandemic: A need for empathy, care, and social equity in collaborative
planning and responses." The American Review of Public Administration 50, no. 6-7 (2020):
668-674.
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Sohal, Alex Hardip and et.al., 2020, "Improving the healthcare response to domestic violence
and abuse in UK primary care: interrupted time series evaluation of a system-level training and
support programme." BMC medicine 18, no. 1 (2020): 1-10.
Westmarland, Nicole, Kelly Johnson, and Clare McGlynn, 2018, "Under the radar: The
widespread use of ‘out of court resolutions’ in policing domestic violence and abuse in the
United Kingdom." The British journal of criminology 58, no. 1 (2018): 1-16.
Williamson, Emma, Nancy Lombard, and Oona Brooks-Hay., 2020, "Domestic violence and
abuse, coronavirus, and the media narrative." Journal of Gender-Based Violence 4, no. 2 (2020):
289-294.
Online references
A, B., 2018. [Online]. Available through <>
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