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Sunday, March 31, 2013

Domestic Violence

There retain always been concerns about issues of interior(prenominal) emphasis within the marital home. It is trite law that no better half is entitled to inflict military attract on the other political party by reason of them being married and such abandon will amount to a criminal offence. Where there is domestic violence, the courts whitethorn intervene to halt such violence. The court may order two forms of injunctions: a non-molestation order restrains the defendant from interfering with the plaintiff; and an ouster order requires one party to throw overboard the home and not to return to it.
Part IV of the Family truth Act 1996 relates to domestic violence and affair of the matrimonial home. It came into force in 1997 to remedy defects in the old law. The Act provides a single comprehensive scheme for protection against violence and disputes concerning the occupation of the matrimonial home.

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atom 33 deals with applicants with estate or engage or matrimonial home chastens; Section 35 deals with spring spouses with no existing rights to occupy the dwelling house; Section 37 deals with spouses whereby both of them do not have the right to occupy a dwelling house which is or was the matrimonial home; Section 36 provides for cohabitants or former cohabitants with no exiting rights to occupy whilst Section 38 provides for cohabitants whereby they do not have the right to occupy.
There is also now the Domestic Violence, hatred and Victims Act 2004 which seeks to give greater protection to victims of domestic violence. However, at the same time, the Human Rights Act 1998 will be applicable to the law on domestic violence. Particularly relevant edible of the ECHR are Articles 1, 3, 6, 8, and 14.
Criminal proceedings
Legal and social attitudes to domestic violence have changed significantly over the past 150 days or so. At the beginning of Queen Victorias reign it was considered instead acceptable for a husband to beat his wife for misbehaviour (just as he beat his children), though traditionally only...If you take to get a full essay, order it on our website: Orderessay



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