Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords], As Amended - continued House of Commons

back to previous text
Duration of occupation orders

   

Mr David Heath
Sandra Gidley

NC6

To move the following Clause—

    '(1)   In Part 4 of the Family Law Act 1996 (c. 27) (family homes and domestic violence), for section 35(10) (one former spouse with no existing right to occupy) substitute—

    "(10)   An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order."

    (2)   For section 36(10) (one cohabitant or former cohabitant with no existing right to occupy) substitute—

    "(10)   An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order."

    (3)   For section 37(5) (neither spouse entitled to occupy) substitute—

    "(5)   An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order."

    (4)   For section 38(6) (neither cohabitant or former cohabitant entitled to occupy) substitute—

    "(6)   An order under this section shall be limited so as to have effect for a specified period of six months, but may be extended on two occasions for a further period of six months unless an application is made to discharge the order.".'.

Temporary orders

   

Mr David Heath
Sandra Gidley

NC7

To move the following Clause:—

    '5B   Restraining orders on conviction or acquittal of an offence arising out of domestic violence

    (1)   Any order granted under section 5 or 5A after conviction or acquittal of an offence arising out of domestic violence shall be a temporary order.

    (2)   On the making of a temporary order under this section, the court shall adjourn further hearing to the Family Proceedings Court or the County Court.

    (3)   The person or persons for whose benefit the temporary order has been made shall be entitled to be heard and represented by a family lawyer at the adjourned hearing, and may lead, as further evidence, any evidence that would be admissible in proceedings under section 3.

    (4)   Domestic violence may include, but is not restricted to—

(a) actual or threatened physical, verbal, sexual, psychological or emotional abuse;

(b) intimidation, harassment or stalking;

(c) actual or threatened damage to property;

(d) threates of harm to or restriction of access to others, including children;

(e) unwarranted restriction of or interference with access to money, personal items, food, transportation and communication; or

(f) restriction of freedom of movement or access to potential sources of support;

    by a person or his or her agent towards a cohabitant, relevant child or associated person as defined in section 62 of the Family Law Act 1996 (meaning of "cohabitants", "relevant Child" and "associated Persons") and may be a single act or a number of acts forming a pattern of abusive behaviour.

    (5)   Abuse has occurred if the defendant causes a relevant child to witness or puts a relevant child at risk of witnessing the abuse of an associated person.

    (6)   The victim is not to be regarded for the purposes of subsection (3) as having caused or allowed the child to see or hear abuse or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing or hearing the abuse.'.

   

Mr David Heath
Sandra Gidley

18

Page     7,     line     29     [Clause     12],     leave out 'an' and insert 'a temporary'.


   

Mr David Heath
Sandra Gidley

19

Page     8,     line     7     [Clause     12],     at end insert—

    '( )   On the making of a temporary order, the court shall refer the matter to the appropriate family court for urgent consideration.'.


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2004
Prepared 22 Jul 2004