Domestic abuse

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Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent Domestic abuse content

Practice notes
Controlling or coercive behaviour offencesThis Practice Note considers the offences of controlling or coercive behaviour under section 76 of the...
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17th Sep
Practice notes
The Domestic Violence Disclosure Scheme and domestic violence protection notices and ordersDomestic Violence Disclosure SchemeThe Domestic Violence...
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16th Sep
Practice notes
Non-molestation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings...
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14th Sep
Q&As
Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 24th Aug
Q&As
Where a wife is living in a refuge and her whereabouts are unknown to the husband, can the husband’s solicitors make enquiries about her address for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
Can the return hearing of an application for a non-molestation order under the Family Law Act 1996 be allocated to a lay justice?The judicial...
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18th Aug
Q&As
Where an order is made on a without notice application for a non-molestation order, what is the position if the respondent has no known address, and...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As
Can a non-molestation order under Part IV of the Family Law Act 1996 be obtained against a 16-year-old respondent and can the court accept...
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18th Aug
Q&As
What is the authority for the Family Court to make a final non-molestation order without findings having been made regarding allegations of abuse and...
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18th Aug
Q&As
Is there is a page limit on witness statements in support of application for a non-molestation order or a statement in response to an order having...
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18th Aug
Q&As
If a parent of a minor is served, will this suffice as service of a non-molestation order? Does the parent need to inform the minor of the order, or...
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18th Aug

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