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NCJRS Abstract

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NCJ Number: 63154 Find in a Library
Title: BATTERED MISTRESS AND THE VIOLENT PARAMOUR
Journal: AUSTRALIAN LAW JOURNAL  Volume:52  Issue:11  Dated:(NOVEMBER 1978)  Pages:613-625
Author(s): H A FINLAY
Corporate Author: Law Book Co, Ltd
Australia
Date Published: 1978
Page Count: 13
Sponsoring Agency: Law Book Co, Ltd
North Ryde, NSW 2113, Australia
Format: Article
Language: English
Country: Australia
Annotation: THIS EXAMINATION OF AUSTRALIAN CASE LAW OF THE 1970'S REVEALS THAT A CHANGE IN LEGISLATION AND JUDICIAL POLICY RESULTED IN THE PROTECTION OF ABUSED WOMEN WHO ARE COHABITING WITH, BUT NOT MARRIED TO, THE ABUSER.
Abstract: ALTHOUGH AUSTRALIAN COURTS HAD TRADITIONALLY REFUSED TO ENFORCE CONTRACTS IN THE EVENT THAT THE LITIGANTS WERE LIVING IN EXTRAMARITAL AND QUASI-MARITAL RELATIONSHIPS, THE MODERN COURT HAS EXTENDED PROTECTION TO BATTERED WOMEN WHO ARE NOT WIVES. THE COURTS HAVE BEEN ENCOURAGED TO ALTER THEIR DECISIONS PARTLY BECAUSE OF CHANGES IN LEGISLATION, BUT JUDICIAL OPINIONS HAVE ALSO GIVEN APPROPRIATE WEIGHT TO CHANGING PUBLIC ATTITUDES AND TO THE POLICIES WHICH THE LAWS ATTEMPT TO ENFORCE. THE HOUSE OF LORDS, IN THE IMPORTANT 1978 CASE OF DAVIS V. JOHNSON, INTERPRETED THE DOMESTIC VIOLENCE AND MATRIMONIAL PROCEEDINGS ACT OF 1976 TO CONFER UPON UNMARRIED WOMEN A RIGHT OF PROTECTION FROM ABUSE SIMILAR TO THE RIGHT AFFORDED TO MARRIED WOMEN. UNDER THE LAW, COURTS COULD SUSPEND OR RESTRICT THE RIGHTS OF A WOMAN'S PARTNER IN ORDER TO PRESERVE HER RIGHT OF OCCUPANCY IN THEIR HOME AND TO PROTECT THE WOMAN AND HER CHILDREN. EVEN WOMEN WITHOUT PROPERTY RIGHTS IN THE COMMON DWELLING COULD BE GRANTED A LIMITED RIGHT OF OCCUPANCY AND OF EXCLUSION OF THE OTHER PARTY WHO OWNED THE DWELLING. THESE LEGAL RIGHTS ARE LIMITED AND BASED ON A STATUTORY LICENSE. PARTY TO THE RELATIONSHIP IS DEEMED TO GRANT THE OTHER PARTY A LICENSE TO OCCUPY THE HOME EVEN IF ONLY ONE PARTY POSSESSES AN INDEPENDENT PROPERTY RIGHT. LEGAL DOCTRINES INVOLVED IN THE DAVIS CASE ARE DISCUSSED. FOOTNOTES ARE PROVIDED. (TWK)
Index Term(s): Australia; Domestic assault; Domestic relations; Family offenses; Judicial decisions; Legal doctrines
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63154

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