Tutorial Four – Domestic Abuse
Essential Reading:
Relevant chapter in Herring, Family Law; or relevant chapter in Bromley
Relevant pages of Diduck A and Kaganas F, Family Law, Gender and the State: Text, Cases
and Materials.
Further Reading:
Humphreys and Thiara, ‘Neither Justice Nor Protection—Women's Experiences of PostSeparation Violence’ (2003) 25 Journal of Social Welfare and Family Law 195.
Burton, ‘Prosecution decisions in cases of domestic violence involving children’ Journal of
Social Welfare and Family Law, Vol. 22(2) (2000)
Questions
1. Mark and Linda were married in June 2010, having met a few months earlier. Linda
has a daughter Gail aged 5 years from a previous relationship. Until about 6 months
ago the only complaint that Linda had was that Mark had never accepted Gail as a
part of the family unit, despite assurances to the contrary, prior to the marriage. He
has, for example, on one occasion suggested that Gail should live with Linda’s
widowed mother. Mark has a stressful job managing the local fast-food restaurant in
town and as a result Linda gave up her job as a sales assistant four years ago to make
sure his dinner was on the table when he came home from work. Linda is therefore
totally dependent upon Mark financially except for the child benefit she gets for Gail
and maintenance from Gail’s natural father John.
Due to a change in the internal structure of the company Mark has become
increasingly irritable and stressed. He started drinking heavily after work as a result
and things have become increasingly strained between him and Linda. Six months
ago Mark returned home from work drunk and shouted at Gail for making too much
noise. This resulted in a verbal argument between Linda and Mark, which soon
became heated. During the argument Mark punched Linda in the face and kicked her
in the stomach. Although he apologised the next morning and Linda agreed to give
him another chance his violence has, not only, increased but has also become more
severe culminating in a severe assault upon her last night. As a result of this assault
Linda was taken to hospital and sustained a fractured arm and bruising to several of
her ribs. Mark has threatened to kill her if she informs the police about the assault
and wants her back in the house once she is discharged.
She has confided in the hospital social worker who has arranged for you to see her
outside of visiting hours at the hospital. Linda tells you she wishes to return to the
house with Gail (who is currently living with her elderly mother), as she has nowhere
else to go and does not have any money to rent another place. Her mother’s house
has one bedroom and is therefore totally unsuitable for her and Gail. She has no
other family.
Mark has parents who live locally and on their own in four bedroom house. She does
not want Mark to be at home when she is discharged from hospital and is terrified of
him. She has heard that it may be possible to exclude him from the house and wants
you to advise her of her rights.
Advise Linda:

As to the remedies available to protect her and Gail from Mark.

If your advice would differ if Linda and Mark were not married but living
together.
2. Zara and Edgar married in 2002. They are both recovering alcoholics. Zara has a
stressful job as an editor of a small local paper and sometimes has a drink after work
with her colleagues. Fred does not approve as he thinks Zara should come straight
home to the family so that she can tidy the house and cook the family dinner. They
have two children, Megan who is six years old and Joseph who is ten years old. The
family loves in a house owned by Edgar. Both children admire their mother and often
ask if she has met anybody famous at work. Edgar is jealous and shouts at the children.
Zara recently brought home a signed picture of last year's Oscar winners. The children
were too excited to eat their dinner. Edgar tore up the picture and hit the children
before dragging them up to bed.
Edgar has started drinking again. He is often drunk when he collects the children from school.
The school asked Zara not to let Edgar come to the school again as he broke Joseph’s arm
dragging him home. The children are settled and happy at their school.
Edgar has started to threaten Zara and she is increasingly scared of his temper. Edgar works
for a firm of City solicitors and owns a large flat in the near Liverpool Street in the City of
London. Edgar has told Zara that if she leaves him he will ensure that she never sees the
children again.

Advise Zara on what action she can take to protect both herself and the children.

Would it make any difference to your answer if Zara and Edgar owned the house
jointly?