Part 6 Self-test questions

. Alice seeks advice about violence she suffers from her son, David. Alice is 69 years old and has gone to live with David after retiring. David shouts and belittles her constantly. Last night they had a row about the fact that Alice would not give David any money and David punched her twice in the face. Alice wishes to know her legal and non-legal options. Please select all that apply.

Alice could seek an order under the Family Law Act 1996.

Alice could telephone the police and report David's actions and ask the police to investigate.

Alice could seek alternative accommodation in a women's refuge.

Alice cannot take any action as David is her son.

. Matthew and Jane are married and have two teenage children, Sam and Olivia. Matthew was previously married to Helena and Jane has a child, Angela, from a previous relationship with David. Olivia has been dating Keith for about six months and Sam has recently moved in with his girlfriend, Vera.
Which of the following is incorrect?

Matthew and Jane are associated persons through marriage, Matthew is a relative of Sam and Olivia and so they are associated persons and Keith is an associated person with Olivia.

Sam and Vera are associated persons as they are cohabitees and Olivia and Keith are associated through dating each other.

Jane is an associated person with David and Angela and Matthew and Angela are also associated persons.

Sam and Vera are associated as are Sam and Olivia but Olivia and Keith will not be as they do not live together and are not engaged.

. Which of the following is correct?

There is no definition of molestation in the FLA 1996.

Only acts constituting ABH will be serious enough to be considered molestation.

Any act which upsets the applicant will be molestation.

Molestation will be decided by the judge at the hearing.

. What three things under s42(5) must the court consider when deciding whether to grant a non-molestation order?

All the circumstances including health, safety and emotional well-being

All the circumstances including health, safety and well-being

All the circumstances including safety, well-being and physical integrity

All the circumstances including safety, physical health and emotional well-being.

. Madhuri seeks advice about an occupation order. Madhuri lives with her partner, Neil, in Neil's house. Neil is the sole legal owner but Madhuri paid 50% of the deposit for the property. Madhuri wishes to know which section of the Family Law Act 1996 (FLA 1996) she should use.
Which is correct?

Madhuri has 'home rights' and so can use s33 FLA 1996.

Madhuri is only a cohabitee with no right to occupy and could use s36 FLA 1996.

Madhuri cannot rely on s33 FLA 1996 as she has no right to occupy the property.
correct

Madhuri has a beneficial interest in the property due to a resulting trust and can use s33 FLA 1996.

. Kelly lives with Craig and their son, Francis, aged 2 years old. Kelly works 6 hours a week as a dinner lady and Craig has a full-time job as a school caretaker. The couple live in a jointly rented property, although Craig has access to a small flat at the school, which is too small for the whole family. Craig insisted that the couple live a long distance from Kelly's family, whom he does not like. Craig has been violent towards Kelly since the birth of Francis and she thinks that Craig is jealous of the attention Kelly gives to the child. Last night, Craig punched Kelly in the face and threw her out of the house. Kelly seeks advice on obtaining an occupation order.
Which of the following is correct?

Kelly should apply for an order under s36 FLA 1996 as she has no legal right to live in the home. The court is likely to grant the order as Kelly has little housing or financial resources and the likely effect of not granting the order is for Kelly and Francis to have nowhere to live. Craig has access to alternative accommodation and has greater financial resources. The court is likely to make the order.

Kelly should apply for an order under s33 FLA 1996 as she has a legal right to live in the home on the basis of the joint tenancy. The court will have regard to all of the circumstances of the case including the need to consider the health, safety and well-being of Kelly and Francis. The court is likely to make the order.

Kelly should apply for an order under s33 FLA 1996 as she has a legal right to live in the home on the basis of the joint tenancy. The court are likely to grant the order as Kelly has little housing or financial resources and the likely effect of not granting the order is for Kelly and Francis to have nowhere to live. Craig has access to alternative accommodation and has greater financial resources. The court is likely to make the order.

Kelly should seek alternative accommodation as she has no right to occupy the property and has no remedy under the FLA 1996.

. Maisie moved in with her girlfriend, Lucy, three months ago. Lucy also has a small cottage in Wiltshire, although Maisie has never been there. Maisie is a student and relies upon her student loans to survive but has a small income from her old flat, which she lets to a friend. Lucy is an artist working from home and has a small income. Maisie finds that Lucy becomes jealous of her and is verbally abusive if Maisie stays out late at nights. Please select all that apply.

Maisie and Lucy are associated persons as they are cohabitees.

Maisie cannot make an application in respect of the holiday cottage as this was not their home and was not intended to be their home.

Maisie will definitely meet the balance of harm test as she will suffer significant harm greater than that of Lucy should an order not be made.

Lucy would suffer significant harm should an order be made as she would lose her home and her workplace and has only a small income whereas Maisie has alternative accommodation available.

. Sam is living with Martin and has done for about a year. Martin was initially very charming but Sam began to notice that Martin was keeping a check on him and was becoming jealous of him. Martin became worried about Sam when Sam started to forbid him to go out or to meet his friends. A couple of weeks ago Sam and Martin had a row and Martin held a knife to Sam's throat and tried to strangle him. Martin was very apologetic afterwards and promised that he would never do anything like that again. Last night Martin accused Sam of having an affair and attacked him. Sam suffered a broken arm and required stitches to his face. Sam is very afraid that Martin will attack him again if he has to wait to apply for an order.
Which of the following is correct?

The court only makes an order without notice if it is just and convenient to do so and if the applicant has suffered significant harm.

The court will grant an order without notice if there is a risk of significant harm (attributable to the respondent) if the order is not made immediately.

The court will not grant an order without notice as it is a breach of Article 6 European Convention on Human Rights.

The court will grant an order without notice if it is just and convenient to do so and if there is a risk of significant harm (attributable to the respondent) if the order is not made immediately.

. Miriam obtains a non-molestation order and an occupation order against Felix. The occupation order has a power of arrest attached to it. The terms of the non-molestation order is to refrain from harassing, molesting and pestering Miriam and the occupation order states that Felix must not return to the property. That night, Felix smashes a window, shouts threats to Miriam but runs off when a neighbour comes to see what is happening. Miriam also receives a number of abusive text messages from Felix.
Which is incorrect?

To enforce the non-molestation order, Miriam should telephone the police to report the breach of the order.

To enforce the non-molestation order and occupation order, Miriam should telephone the police to report the breach of the order.

If the occupation order is breached, the court can sentence Felix to up to 2 years' imprisonment.

If the non-molestation order is breached, the court can sentence Felix to up to 2 years' imprisonment.

. Tamsin and Fraser are married. Fraser suspects Tamsin of having an affair and has violently assaulted her twice in the last month. Tamsin does not take any steps to protect herself until Fraser assaults her when Tamsin has their small daughter in her arms. Their daughter has a bruised face. Fraser telephoned Tamsin last night and threatened to kill her. Tamsin applies for a non-molestation order and an occupation order without notice.
Which of the following is correct?

In order to obtain a power of arrest attached to the occupation order, Tamsin must show that she is likely to be deterred or prevented from pursuing the application if the order is not made immediately.

In order to obtain a power of arrest attached to the occupation order, Tamsin must show that Fraser has used violence against her and their daughter and that they will not be adequately protected without it

In order to obtain a power of arrest attached to the occupation order, Tamsin must show that she is at risk of significant harm if the order is not made immediately.

In order to obtain a power of arrest attached to the occupation order, Tamsin must show that the balance of harm test applies to her case.

. You are a trainee solicitor in a family seat. You have been asked to compile the documentation for an application for a non-molestation order and prepare to issue proceedings. Your principal asks you to compile a list of documents and other requirements.
Which of the following is NOT required?

A sworn statement.

FL401.

Fee or fee exemption.

A police crime number.

. You are a trainee solicitor in a family seat. You have issued an application for an occupation order and a non-molestation order. You have to consider who you would potentially have to serve the application on.
Which is CORRECT?

The respondent.

Any relevant child

The local police force.

Social services.

. The Protection from Harassment Act 1997 may assist those who are not 'associated persons' under the Family Law Act 1996.
Which of the following is incorrect?

Work colleagues.

People who have only dated once.

Lodgers.

First cousins.

. Alison works in a busy sandwich shop, which has a high volume of customers. Alison tries to be friendly to each customer and one, Frank, asks her out for a drink. Alison meets Frank for a couple of hours after work but tells him that she doesn't think she wishes to see him again. After that Alison receives many texts and emails from Frank calling her very upsetting and abusive names. Frank has also started to follow Alison home from work and last night Frank shouted threats to Alison when she was out with her friends. Alison wishes to know if she can take steps to protect herself.
Which of the following is incorrect?

Alison can seek a civil injunction under the Protection from Harassment Act 1997.

Alison can contact the police to report Frank for harassing her having pursued a course of conduct which amounts to harassment.

Alison has suffered alarm and distress as a result of Frank's actions and Frank knows or ought to know will amount to harassment of Alison and so Frank's conduct will amount to harassment.

Alison is an associated person under the Family Law Act 1996 and so must apply for a non-molestation order.

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