Lecture notes
Family Law and Practice WS11 D1
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS11 D1
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LEGAL PRACTICE COURSEFamily Law
Workshop 11
Topic(s):
Part IV Family Law Act 1996
Occupation and Non-molestation Orders
Learning Outcomes:
By the end of this session you will be able to:
Analyse a client’s statement in connection with allegations of domestic violence to advise
on the application, evidence, procedure and outcome
Prepare the case for the client including identifying all relevant forms and all areas on
which the client needs specific advice
Identify relevant professional conduct issues
Session Activities:
Discuss as a group the client’s statement
In small groups analyse the evidential requirements and the strengths and weaknesses
of the case.
Identifying relevant information and preparing forms and documentation.
As a group agreeing notes to principal including advice to client on procedure and
outcome
Materials Attached:
Pre-Session Task: Introductory questions
Witness statement of Maureen Towers
In-Session Task: Mrs Towers
Post Hearing Procedure (guidance note)
Example of Correspondence following the hearing
Documents to Be Released:
Suggested solution (online only) (d2e)
Preparation for Session:
Review CLP Family Law and Practice Manual Chapter 15 (Domestic Abuse)
Complete the introductory questions and read the statement of Mrs Towers prior to
coming to the session
Post-Session:
Review the procedure for obtaining Part IV orders including court form
docs_412349120.docx 1/17 © City, University of London 2019
,Pre-Session Task – Introductory Questions
Please answer the following questions before you attend the class.
1. What forms have to be completed for an on notice non-molestation order application?
2. A young man attends the office alleging harassment by his mother and younger brother.
What initial question you would ask?
3. The parties agree to an undertaking in respect of a non-molestation application. Does the
judge have to make a finding of fact and give reasons?
4. Would the position be any different if the parties asked for an agreed order with a power
of arrest attached?
5. In an application for an occupation order who, in addition to the respondent and court,
should be served with documentation. Is there any additional documentation which
should be served?
6. A non-molestation order and occupation order with a power of arrest attached has been
granted at an on notice hearing. Which documents must be served and who must be
served with the documents?
You only need to know about civil remedies so NMO & Occupation order. We will be advising
in terms of practical solutions, procedural steps and administrative steps so these are the
steps we would take to safeguard the client and any children.
docs_412349120.docx 2/17 © City, University of London 2019
, LEGAL PRACTICE COURSE
M A Towers
1st Statement
Today’s date
Applicant
IN THE FAMILY COUNTY COURT
Matter no. 01 DV 179
BETWEEN
MAUREEN ANN TOWERS
Applicant
and
DEREK IAN TOWERS
Respondent
---------------------------------------------------------------------------------------------------------------------------
Witness Statement of Maureen Ann Towers
---------------------------------------------------------------------------------------------------------------------------
I, Maureen Ann Towers of 47 Latimer Avenue, Bardon, London NE4, will say as follows:
1. I am the Applicant herein and I make this statement in support of my application for a
non-molestation order and an occupation order in relation to the matrimonial home at
47 Latimer Avenue, Bardon
2. The Respondent and I married on 17 May 1994. We have three children, David (born
2.4.09); Marianne (born 19.2.11); and Denise (born 26.10.013). I have really always
been a wife and mother, whilst the Respondent has worked to support the family
financially. He earns over £50,000.00 per year and regularly receives bonuses of up
to £5,000.00 per year.
3. The marriage has been in difficulties for some time and I am now contemplating
divorce proceedings. The Respondent is 10 years older than me and has continually
undermined my sense of self-confidence during the marriage. He has never lost an
opportunity to belittle me in front of friends, and even in front of the children. He
regularly refers to my ‘stupidity’ in front of David and the girls, suggesting that any
achievements the children attain academically must be because of him and ‘in spite’
of having me for a mother. He continually criticises the way I dress; the way I talk; and
anything I do in the house is never good enough for him.
2019-lpc-fam-ws11-d1.docx 3/17 © City, University of London 2019
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