| 释义 |
domestic violence
Any incident of violence, threatening behaviour, or abuse (psychological, physical, sexual, financial, or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. The term lacks a general legal meaning, and the term domestic abuse is now often preferred. In any event, persons who are subject to domestic violence (or those afraid of future violence) may seek protection in a number of ways. Under the Family Law Act 1996 an application can be made to the court for a non-molestation order or an occupation order. A non-molestation order directs the other partner not to molest, annoy, or use violence against the applicant. Breach of such an order is a crime under section 42A. An occupation order entitles the applicant to remain in occupation of the matrimonial home and may prohibit, suspend, or restrict the abusive partner’s right to occupy the house. The court must attach a power of arrest to an occupation order if the abuser has used or threatened violence against his or her partner. This gives a constable the power to arrest without warrant the abuser if he or she is in breach of the order. In cases of emergency an order without notice may be granted. From 2014 a domestic violence protection notice/order is also available. A criminal prosecution for assault or for harassment under the Protection from Harassment Act 1997 can also be brought. Under the Housing Act 1996, local authorities have a duty to supply emergency accommodation to those made homeless when they have left their homes because of domestic violence. Those who have been subjected to continued beatings by their partners over a period of time may plead loss of control or diminished responsibility if charged with the murder of their partner. See Battered Woman Syndrome. |