chapter  6
Domestic Violence and Occupation of the Home
Pages 22

The home areas of law have been criticised as a 'hotchpotch of enactments' per Lord Scarman in Richards v Richards, and have undergone reform and rationalisation in the Family Law Act 1996 Part IV. This chapter presents a checklist for students to help them to understand and apply the rules for Domestic Violence and Occupation of the Home. These include the following concepts: understand and be able to apply the definition of associated person in the Family Law Act 1996 s 62, understand how the criminal law can be used to enforce non-molestation orders, and understand what extra provisions can be added to an occupation order under the Family Law Act 1996 s 40. The chapter also presents two points for debates, a question on an arrangement under the Family Law Act 1996, the answer to this question and the application of the law.