DOMESTIC VIOLENCE

All aspects of domestic violence in family law are governed by Part 4 of the Family Law Act 1996. It has created codified law of domestic violence. The Family Law Act now has two orders which are:

• Non-molestation order which prohibits particular behaviour or molestation generally against the applicant or a relevant child.
• An occupation order which declares the existing rights in the matrimonial home or regulates its occupation for current spouses, previous spouses or cohabiting applicants.

There is now a range of associated persons who can apply for either of these orders. The association can be through family or domestic connections. This did not exist in previous legislation and creates a new set or people who can be protected by non-molestation orders (see Chapter 5).

A non-molestation order is available for any of the associated persons, but the occupation order is available for current spouses, former spouses and current or former cohabitants.