Domestic Violence Problem Question Paper Essay

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Domestic Violence Problem Question

Domestic violence has occurred between John and Linda. Domestic violence is defined as “any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse” I would advise Linda to rely on The Family Homes and Domestic (Northern Ireland) Order 1998, to seek a non-molestation order (NMO) and Occupation Order against John simultaneously. Linda has the option to use the criminal law, but as Linda would like to maintain a relationship with john and stop the violence, the civil law would be more applicable, as it is designed to respond to the needs of the victim .

Linda could apply for an ex parte (without notice) NMO, relying on Article 23(a) , as ‘significant harm’ is seen to be where physical violence has taken place. In this case, Linda has been struck several times by john. Therefore, the court may grant an order if they believe it is “just and convenient” , but is restricted in time, as the respondent (John) must have the ability to access a full hearing, otherwise breaching his Article 6 rights to a fair trial.

As both orders offer a separate form of protection for Linda, I will be addressing them individually.

Non-Molestation Order

An NMO is to provide personal protection from abuse suffered, as it prohibits the respondent from molesting an associated person or relevant child . Breaching this leads to a criminal offence, as the power of arrest is attached to an NMO.
For both applications,
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