A court may re-impose a power of arrest in a domestic violence case without there having first been further violence. A power of arrest may be attached to a domestic violence injunction though the couple are living apart. Citations: Times 10-Jul-1995, Ind Summary 17-Jul-1995, Gazette 19-Jul-1995 Statutes: Domestic Violence and Matrimonial Proceedings Act 1976 2(2) … Continue reading McCann v Wright: CA 10 Jul 1995
Citations: [1984] HLR 1 Statutes: Domestic Violence and Matrimonial Proceedings Act 1976 1(2) Jurisdiction: England and Wales Cited by: Cited – Metropolitan Housing Trust v Hadjazi CA 1-Jul-2010 The Trust appealed against refusal of an order for possession against its periodic assured tenant. The grounds were 14 (nuisance or annoyance), and 14A (domestic violence). The … Continue reading O’Neill v Williams: 1984
The appellant had sought the protection of an ex parte injunction under the Act. The recorder had granted an order but had refused a power of arrest saying that since the respondent was a police officer, a notification to his superiors would be sufficient. Held: No part of the community was to attract any special … Continue reading Hutchinson v Baldock: CA 9 Jul 1997
The court was asked to interpret the 1976 Act to see whether its protection extended to cohabitees as well as to wives. In doing so it had to look at practice in the Court of Appeal in having to follow precedent. Held: The operation of the doctrine of precedent in the Court of Appeal so … Continue reading Davis v Johnson: HL 2 Jan 1978
The court had to consider whether the Act protected cohabitees as well as wives. In doing so the court looked at whether it could look to parliamentary debates. Held: Lord Denning MR said: ‘Some may say, and indeed have said, that judges should not pay any attention to what is said in Parliament. They should … Continue reading Davis v Johnson: CA 1978
The Act did not allow for a non-molestation order to be made once an unmarried couple had ceased to cohabit. Citations: [1992] 2 FLR 202 CA, Times 09-Mar-1992 Statutes: Domestic Violence and Matrimonial Proceedings Act 1976 Jurisdiction: England and Wales Cited by: Cited – Wong v Parkside Health NHS Trust and Another CA 16-Nov-2001 The … Continue reading Pidduck v Molloy: CA 1992
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H has no right to sexual intercourse with W – rape The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left their matrimonial house and gone to her … Continue reading Regina v R: HL 23 Oct 1991
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
