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Domestic Violence

Essay by   •  March 14, 2012  •  Essay  •  1,016 Words (5 Pages)  •  1,429 Views

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What is domestic violence

Domestic violence is defined as any incident of threatening behaviour, violence or abuse(psychological, physical, sexual, financial or emotional) between adult who are or have been intimate partners or family members, regardless of gender or sexuality.

Causes of domestic violence

Psychopathological explanation

* Inability to control his anger or deal with conflict

* Alcoholic

Theory on position of women in the society

* Men are permitted to exercise power over women makes domestic violence appear acceptable to abuser. This explains why more women are been abused by men

The family relationship

* Failure of family relationship

* Poor communication skills or volatile partnership.

Hale says that a husband can beat his wife with a stick on wider than his finger. This is seen as an aspect of the husband controlling the wife.

2. To what extent does Part IV of the Family Law Act 1996 provide effective remedies for victims of domestic violence?

a. Injunctions and Orders Under The Family Law Act 1996

i. The Non-molestation Order.

A non-molestation order is an order that one party does not molest the other. Although it is not defined under the act, it includes conduct that harasses or threatens the applicant.

Who can apply

1. the people who needs protection

a. however, it means many people would seek for molestation order.

2. Law commissioner said those with 'special relationship with each other(whether or not including sexual intercourse)

a. creates a problem of definition of 'sexual relationship'

3. Those who were 'associated person'

a. Wall J in G v F ( Non- molestation order; Jurisdiction) said it is unclear whether relationship between two people falls within this definitions. A person is associated with another if:

I. Civil partners or married to each other

ii. Cohabitant or former cohabitant. Under s. 62(1)(a) cohabitant are

people

who are neither married or CP but are living together as husband

and wife.

iii. People who have had intimate personal relationship with each

...

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