Essays On Domestic Violence Uk

Essays On Domestic Violence Uk-45
About half the children in such families have themselves been badly hit or beaten.Sexual and emotional abuse are also more likely to happen in these families.These incidents may be physical (including throwing objects), sexual, emotional (including verbal threats and controlling behaviour) or financial.

About half the children in such families have themselves been badly hit or beaten.Sexual and emotional abuse are also more likely to happen in these families.These incidents may be physical (including throwing objects), sexual, emotional (including verbal threats and controlling behaviour) or financial.

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They are also more likely to choose an abusive partner themselves.

Children of any age can develop symptoms of what is called 'Post-traumatic Stress Disorder'.

Sometimes, they start to use violence to try and solve problems, and may copy the behaviour they see within the family.

Older boys may play truant and start to use alcohol or drugs (both of which are a common way of trying to block out disturbing experiences and memories).

Their frightening experiences at home make it difficult to concentrate in school, and if they are worried about their abused parent, they may refuse to go to school.

As adults, children who have witnessed violence and abuse are more likely to become involved in a violent and abusive relationship themselves.

At no age will they be unaffected by what is happening, even when they are in the womb.

Obviously, it is very upsetting for children to see one of their parents (or partners) abusing, attacking or controlling the other. They may complain of tummy-aches or start to wet their bed.

 Furthermore, there are several tests to be applied o “balance of harm” test  S.33(7) court must make an order if it appears to the court that the applicant or any relevant child is likely to suffer siginificant harm ATTRIBUTABLE to the conduct of the respondent if an order is NOT made. The significant test is applied very narrowly by the courts  The test would not apply if the Resp/ any relevant child is likely to suffer significant harm if the order is made or  If the harm suffered by the Resp/child is AS GREAT AS, OR GREATER THAN, the harm likely to be suffered by the applicant child if the order is NOT amde o B v B  Wife applied OO after leaving home with daughter – leaving the son with Husband  Failed the ‘balance of harm’ test  Although W and D would suffer “significant harm” if the OO were not granted, but the H and S would suffer even greater harm  S would have to leave home as well as school  Criticised:  Fails to place weight on who is the abuser  Father (abuser) was allowed to stay – occupation order declined – because his son’s education may be disrupted  The courts construed this as significant harm o Counterargument  Welfare of child outweighs The significant harm must be attributable to the Resp  Re L (Children)  where couple were quarreling – proven that the arguments would have an adverse effect to the children  in applying for an OO, the mother failed the balance of harm test – as the harm was not solely attributable to the conduct of the husband o she played a part in the quarrels too Counter: the court’s approach can be justified  Significant harm test is balanced with the protection of proprietary rights Justification?

 S.33 is distinguished from other categories o Justified because it is only reasonable to be able to enforce a current right if there it passes the balance of harm test (ie: to see whether the party suffers significant harm)  Cohabitants v CP and married o Not justified o Because it reflects a general lack of protection offered to cohabitants – outdated in light of current development of the law o Eg: LC 2007, Cohabitant Bill 2008/ No definition in the statute  But LC gave a wide definition  Courts are to consider all circumstances So this means that it depends on the exercise of judicial discretion  Most effective way of protecting one from domestic abuse  Esp when no case would have the same facts Problem of uncertainty prone to abuse by applicants  But courts would not grant an order if it holds that the application was intended to be abused  Chechi v Bashier Where other party need not be notified of the proceedings  Offers more protection  But only applicable in emergency – where an immediate protection for the victim is required  Any delay in serving papers on the R and giving him time to reply may endanger the applicant May arguably infringe on the rights of the other party  Unable to defend himself  May infringe Art.6, the right to fair trial – because not present to defend himself But this could be justified – there are safeguards in place  FLA 1996, S.45(3) o An ex parte hearing should be followed by an inter partes hearing, at which both parties will be able to put forward their arguments  Ex parte court order is only effective once it has been served on the Resp. Sends a clear message that domestic violence is clearly not acceptable  Not merely punitive – but have community sentences o Rehabilitates domestic abusers o The law is not focused on being punitive – but is focused on preventing domestic violence - by treating the underlying problems b.

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