The Family Law Act 1996 (FLA 1996) is a key piece of legislation in England and Wales that provides legal protection for individuals experiencing domestic abuse and regulates occupation and contact with the family home.
The Act is frequently used to protect victims and manage property rights/residential finances when relationships break down.
1. What is the Family Law Act 1996?
The Family Law Act 1996 is legislation that protects from domestic abuse. The court can make orders regulating who can live in the family home when there is a dispute.
2. What orders can be made under the Family Law Act 1996?
Protective injunctions made under the Act include:
- Non-Molestation Orders – prohibit violent, threatening or abusive behaviour
- Occupation Orders – decides who can live in the family home or who can be excluded from a property
3. What is a Non-Molestation Order under the Family Law Act 1996?
Non-Molestation Orders are court injunctions prohibiting someone from assaulting, harassing, or intimidating their partner, ex-partner, or child.
4. What is an Occupation Order under the Family Law Act 1996?
An Occupation Order decides who can live in the family home. It can exclude an abusive partner from a property, restrict their access or settle occupancy rights.
5. Who can apply under the Family Law Act 1996?
Applications under the Family Law Act can only be made by “associated persons”. These include:
- spouses or ex-spouses
- cohabitants and former cohabitants
- people who have an intimate relationship
- parents of the same child
- some family relatives
6. How long does a Non-Molestation Order last under the Family Law Act?
Non-Molestation Orders usually last between 6 and 12 months, but can be extended.
7. Is a breach of a Non-Molestation Order a criminal offence?
Yes. If someone breaches the Order, then they have committed a criminal offence. They can be arrested and sent to jail.
8. How long does it take to get an order under the Family Law Act?
If you are in immediate danger, you can apply for an order without notice (known as an ex parte application). If successful, the Court can issue orders providing you with protection immediately without the other party being informed.
9. Do I have to go to court for the Family Law Act 1996?
Yes – you will need to make an application to the family court. However, many applications, particularly those involving domestic abuse, are dealt with quickly and discreetly.
10. How does the Family Law Act 1996 relate to domestic abuse?
It is one of the primary laws that gives victims civil protection from Domestic Abuse. Victims can apply for court orders that are enforceable by law to help keep themselves and their children safe.