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Helena comes into the office at the same time as the care proceedings are ongoing concerning Richard. She tells you that Sean, her new partner, has been violent towards her and Richard. Your supervisor takes instructions (these can be found at DV Case Study Attendance Note) and asks you to write a letter to advise Helena. Compare your letter with the DV Case Study Letter.
Helena owns her own home. Sean is refusing to leave the home and your supervisor has asked you to advise on:
(a) which section of the Family Law Act 1996 should Helena apply under for an occupation order?
(b) Will Helena be successful? Apply ss33(6) & (7) FLA 1996 to the case.
Compare your answer to DV Case Study Note on Occupation Orders.
Helena is extremely afraid of Sean. Helena is reluctant to admit that she and Richard have been suffering violence but states that if she doesn’t get some form of protection then they will both continue to suffer violence. What would you advise Helena to do? Your supervisor asks you to look at the statement and FL401 in support of Helena’s application. Suggest which, if any, change you would make to the statement at DV Case Study Statement.
Helena is granted a non-molestation order. She receives abusive texts from Sean and, last night at about 2am, Helena was woken up by a stone breaking her window. Her neighbours (who were returning from a night out) tell her that they saw Sean running away from the house. What would you advise Helena to do? Compare your answer to DV Case Study Enforcement.