Family Law Act 1996: Injunctions for Carla and Her Children's Safety

This report provides a detailed analysis of the Family Law Act 1996, focusing on the legal protections available to Carla and her children who are victims of domestic violence and harassment from Jonathan. The report explores the application of non-molestation orders and occupational orders, as defined under Part IV of the Family Law Act, 1996, to safeguard Carla and her children. It examines the eligibility criteria for obtaining injunctions, the effects of such orders, and how they can be used to prevent Jonathan from causing further harm. The report also addresses the provisions that can aid Carla in remaining in the family home while excluding Jonathan, considering the circumstances of their marriage, history of abuse, and the best interests of the children. The analysis includes relevant case law and legal principles to support the arguments, with references to academic journals and online legal resources.

LAW

Table of Contents
PART 1............................................................................................................................................1
a) Rules and laws related with protection of Carla and children from the violence and
harassment from Jonathan...........................................................................................................1
b) Provision than can aid Carla to remain in the family home with her children while
excluding Jonathan from same....................................................................................................2

PART 1
Family Act, 1996: The act significantly deals with the rules and provision related with
divorces, protection of women against domestic violence and harassment from their spouse or
family members. The rules applicable as legal aid to women facing domestic violence and
harassment have changed with time (Harassment and the law, 2018). The legal system of UK
provides right to women to protect herself and her children from the abuser by applying for a
civil injunction or protection order. An injunction is an order from the court which requires a
person to do something or to refrain him/her from doing an act. There are two type of injunction
order that can be obtained from the court as per the Part IV of family Law Act, 1996:
 A non molestation order
 An occupational order
Eligibility to get injunction: For getting an injunction order an individual must be an
associated person which means the abuser and the person getting abuses are associate with each
other 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 or
were in an intimate relationship for a significant time duration.
Effect of an injunction order: With getting an injunction order of any of the above
mentioned type against a person who is an abuser and involve in acts of violence and harassment
towards any person, can be prohibited by the court from behaving in certain way (Dragiewicz
and Burgess, 2016). The orders of the courts are reasonable and relevant to the violence and
harassment suffered by a person. With getting an injunction order the defendant who is the
abuser 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 harassment
from Jonathan
Injunction order against violence and harassment of wife and children: For instances where
the abuser and person getting abused are associated with each other, the latter one can apply for
getting an injunction under the Family Law Act, 1996 for a domestic violence injunction under
the name of non molestation order.
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Non molestation order: The aim of non molestation order is to prevent a partner or ex
partner from the use of threatening violence against his wife and children. This includes
intimidating, harassment or pestering the spouse or partner (Hardesty and et.al., 2015). This
odder is necessary to get in order to secure the health, safety and well being of the
wife/spouse/partner and the children as well. This can be obtained from the court against a
person who is associated and is physically violent, engaged in harassment, intimidating the
associated person/s. The order of non molestation might includes:
1. The abuser must be violent, harass the associated person, intimidates or threatens to
violence.
2. The abuser must not contact either by telephone, e-mail, social media or in person to the
associated person;
3. The abuser must not attend or contact for any reason the place of work of the associated
person.
With application of the rules and provision related with the Family Law Act, 1996 it can
be stated that Jonathan is involved in serious act of physical abuse towards his wife Carla and
children. He is constantly harassing and pestering his wife from last 13 years out of 15 years
marriage. As Clara is thinking to take divorce which can escalate the violent behaviors of
Jonathan (Ogg, 2015). She can apply for getting a non molestation orders against his husband
Jonathan. This can be obtains as both are married hence they both are associated persons. The
court while granting this injunction order will consider the circumstances including the need to
secure health, safety and well being of Carla and her children. Clara can easily show the faces as
she was socially non active due to her husband and also can show how the effect of violence over
her and Naomi who faces a bruise over her face due to violent act of Jonathon.
b) Provision than can aid Carla to remain in the family home with her children while excluding
Jonathan from same
Occupational order: An on occupation order is power given to the courts in cases of
domestic violence. This orders defined that who lives I the home and also it can exclude a
person from the house who is involved in violence, threaten as well as pestering towards one or
all the ember s of house. No person against whom occupation order is passed can breach it, in
cases the same is breached is considered as contempt of court and are liable of brought before
judge and is either fined or imprisoned for breaking the terms of the occupational order
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(Occupation Orders, 2018) This order covers right to stay in the family home, exclusion of
individual from family home despite of a legal right to reside there, stating the liability of person
as who will pay the rent, mortgages, bill and maintain the property, right to stay in the family
home for a specific time duration, setting out areas in home for each party to live in and protect
rights after the death of a person.
From the application of provisions related of Family Law At, 1996 over the injunction
order, Carla has a right to apply for occupational injunction order for living in the family home
with her children and excluding Jonathan from the house in order to protect the health, safety and
well bring of themselves from violence of Jonathan. The court before granting of the occupation
order consider the existing circumstance as to exclude Jonathon from his family home despite it
is his legal right to stay in that house. As Clara do not have any other place to live in the city
with no relatives and also she has with her three children who have also been abused by their
father Jonathan. Under this circumstance Carla can get an occupation order to live in the family
house excluding him.
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REFERENCE
Books and Journals
Dragiewicz, M. and Burgess, J., 2016. Domestic violence on# qanda: The “Man” question in
live Twitter discussion on the Australian Broadcasting Corporation's Q&A. Canadian
journal of women and the law. Hardesty, J. L and et.al., 2015.Dragiewicz, M. and Burgess,
J., 2016Ogg, J. T., 201528(1). pp.211-229.
Hardesty, J. L and et.al., 2015. The influence of divorcing mothers' demeanor on custody
evaluators' assessment of their domestic violence allegations. Journal of Child Custody.
12(1). pp.47-70.
Ogg, J. T., 2015. The Proliferation of the Preventive Order Model. In Preventive Justice and the
Power of Policy Transfer (pp. 127-149). Palgrave Macmillan, London.
Online
Harassment and the law. 2018. [Online]. Available through :<https://rightsofwomen.org.uk/get-
information/violence-against-women-and-international-law/harassment-and-the-law/>.
Occupation Orders. 2018. [Online]. Available through :<https://cartwrightking.co.uk/areas-of-
practice/family-law/occupation-orders/>.
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