Chapter 7 Self-test questions

. Prior to 1991 a wife's consent to marriage included consent to sex meaning that a husband could not be found guilty of rape. True or false?

. Which important piece of legislation was passed in 1997?

. Which of the following are included in the definition of domestic abuse in the Domestic Abuse Bill 2020? Choose all that apply.

. Abusive behaviour is only covered by the Domestic Abuse Bill 2020 if the victim and perpetrator are married or civilly partnered. True or false?

. Domestic Abuse accounts for 11% of all recorded crimes. True or false?

. How can domestic abuse affect victims? Choose all that apply.

. Which of the four categories of abuse identified by Kelly and Johnson is most likely to be perpetrated by men against women?

. Why can the focus of the criminal justice system be problematic in domestic abuse cases?

. Both victims and perpetrators attend a MARAC. True or false?

. To what extent is Article 3 of ECHR relevant to domestic abuse?

. Which of the following arguments can be made in favour of pursuing a prosecution without the cooperation of the victim? Choose all that apply.

. Attrition rates in domestic abuse crimes are much higher than in other types of crime. True or false?

. What type of offence can be committed under s.2 Protection from Harassment Act 1997?

. The offence of coercive and controlling behaviour can only be committed if the victim and perpetrator live together. True or false?

. Which of the following statements is correct in relation to the Domestic Violence Disclosure Scheme?

. Which of the following statements if correct in relation to a Domestic Violence Prevention Order?

. The new Domestic Abuse Protection Orders (DAPO) (due to be introduced under the Domestic Abuse Bill 2020), will be different from existing Domestic Violence Protection Orders in which of the following ways?

. If a local authority has concerns that a girl is at risk form FM they can apply for an FGM Protection Order. True or false?

. Which of the following statements is correct in relation to non-molestation orders? Choose all that apply.

. Section 30 Family Law Act 1996 protects civil partners, spouses and cohabitants by providing a right to occupy the family home. True or false?

. How can occupation orders regulate the occupation of the family home? Choose all that apply.

. A cohabitant without a legal right to occupy the property owned by the respondent can apply for an occupation order under which section of Family Law Act 1996?

. If the significant harm test is not satisfied on an application under s.33 FLA 1996, what are the next steps for the court?

. An occupation order cannot be applied for without giving prior notice to the respondent that an application is being made. True or false?

. Lydia had a relationship with Max for three years. They lived together in a property owned by Max in his sole name. Lydia moved out 18 months ago, but Max does not accept that the relationship is over. He will not leave Lydia alone. He contacts her every day. She has moved house twice to try and get away from him, but both times she has moved she has found Max waiting outside her property within a week of moving. He regularly sends her messages showing that he knows all her movements, who she has met up with, when she has been in work, when she has been out in the evening and what she has done at the weekend. She suspects that he has hacked her email, and has changed her email address. This led to a week with no contact, but then the messages started again. Although he has never directly threatened her, she is terrified of him and just wants him to leave her alone. A friend has encouraged her to report his behaviour to the police but Lydia is not sure whether his behaviour amounts to a crime.

. Nick and Orla have been in a relationship for 6 years and have 2 children together. Throughout that time Nick has been violent and controlling towards Orla. Following a violent assault Nick was arrested on suspicion of causing actual bodily harm after the neighbour called the police. He has not yet been charged Orla has told the police that she does not want him to be prosecuted. She just wants him to stay away from the house while she makes arrangements to move away from the area. What steps can the police take to protect Orla while she decides what she wants to do?

. Penny and Robin are married and have two children. They live in a house owned in Robin's sole name. Robin is very controlling. Penny gave up work when their first child was born and the only access to money that she has is an allowance that Robin pays into her bank account once a month. He has been violent and regularly threatens her. Penny has decided she can no longer live like this and wants to try and leave Robin. He has told her that she has no right to live in the house, as it is owned in his sole name so if she wants to end the marriage she will have to move out. She cannot afford to rent or buy another property and does not want to make the children leave the security of their family home. Penny is terrified of Robin and believes that she and the children will be in danger if she tells him she wants a divorce. She also believes he will lock her out of the house. What options does Penny have under the Family Law Act 1996 to secure her right to remain in the family home?

. Sorcha has a special guardianship order for her grandson Toby who is 10 years old. Toby's father, Aiden, had a very violent relationship with Sorcha's daughter Niamh. Aiden has been living in a different city for the past eight years and has not had contact with Toby. He has recently moved back into the area. Last week he approached Sorcha in a local supermarket and said "You have to let me see Toby. I'm coming to your house at the weekend. He's my son and you will be sorry if you don't do as I ask." Sorcha found this very frightening. She does not want Aiden coming to the house or contacting her again. A friend suggested she apply for a non-molestation order, but she has had a look online and has read that she can't apply for a non-molestation order as she was not in a relationship with Toby and wonders what other options are available to her. Advise Sorcha what steps she can take to protect herself and Toby from Aiden.

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