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28 June 2007 / Byron James
Issue: 7279 / Categories: Features , Family
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Controlled abuse

What role should ex parte applications play in domestic violence cases? Byron James reports

It is disturbing to those who deal with domestic violence just how cinematic horror can so often be combined with gritty day-to-day reality. The extraordinary amount of people affected by domestic violence is well known. There is a wide spectrum of “abusers” in domestic violence: from those who are violent on a daily basis right through to those who harass and intimidate because they cannot let go of a former relationship.

A controlling relationship can often transform into an abusive one. Violence is often accompanied by emotional, psychological and financial abuse. It should follow, therefore, that a main part of the injunctive relief available should be to recognise how hard it is for those under a controlling and abusive relationship to speak out, to seek help and, ultimately, try to break free.

WITHOUT NOTICE

The injunctive relief available under Pt IV of the Family Law Act 1996 (FLA 1996) can be the way out for many of these victims. The main

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

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NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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