JUST 2030 Lecture Notes - Lecture 7: Breach (Security Exploit)
COHABIT
MEANS TO LIVE TOGETHER IN A CONJUGAL RELATIONSHIP, WHETHER WITHIN OR
OUTSIDE MARRIAGE (COMMON LAW)
MATRIMONIAL HOME
THE RESIDENCE WHERE THE COUPLE LIVED TOGETHER PRIOR TO SEPARATION.
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IF A SPOUSE HAS NO INTEREST IN MATRIMONIAL HOME, THEN THEY ARE
ENTITLED
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TO PERSONAL PROPERTY ONLY –ENFORCEABLE BY COURT ORDER ONLY.
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ORDERS OF POSSESSION ARE ACTED UPON BY POLICE OFFICERS ONLY WHEN A
COURT ORDER HAS BEEN ISSUED.
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ORDER OF POSSESSION
REGARDLESS OF THE OWNERSHIP OF THE MATRIMONIAL HOME AND/OR ITS
CONTENTS AND DESPITE THE SPOUSES RIGHT OF POSSESSION, THE COURT MAY,
ON APPLICATION, MAKE CHANGES.
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FOR EXAMPLE –THE CONTENTS OF THE MATRIMONIAL HOME MAY REMAIN IN THE
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HOME FOR THE USE OF THE SPOUSE GIVEN POSSESSION.
OR
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REMOVED FROM THE HOME FOR THE USE OF A SPOUSE OR CHILD ETC.
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IT IS KNOWN AS AN ORDER OF POSSESSION OR AN ORDER OF
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EXCLUSIVE POSSESSION.
ORDER RESTRAINING HARASSMENT
ON APPLICATION, A COURT MAY MAKE AN INTERIM OR FINAL ORDER
RESTRAINING THE APPLICANT’S SPOUSE FROM MOLESTING, ANNOYING OR
HARASSING THE APPLICANT OR CHILDREN IN LAWFUL CUSTODY OF THE
APPLICANT.
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THE ORDER IS REFERRED TO AS A RESTRAINING ORDER
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POWERS OF ARREST
A POLICE OFFICER MAY ARREST WITHOUT A WARRANT A PERSON THE POLICE
OFFICER BELIEVES ON REASONABLE & PROBABLE GROUNDS TO HAVE
CONTRAVENED AN ORDER FOR EXCLUSIVE POSSESSION.
1)
A POLICE OFFICER MAY ARREST WITHOUT A WARRANT A PERSON THE POLICE
OFFICER BELIEVES ON R&PG TO HAVE CONTRAVENED A RESTRAINING ORDER.
2)
PUNISHMENT
BREACH OF AN EXCLUSIVE POSSESSION ORDER:
FIRST OFFENCE –FINE UP TO $5,000.00 AND/OR 3 MONTHS IN JAIL.1.
SECOND OR SUBSEQUENT OFFENCE –FINE UP TO $10,000.00 2.
AND/OR 2 YEARS IN JAIL.
LIMITATION OF ACTION: 6 MONTHS (regarding breach of an exclusive
possession order under the Family Law Act).
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BREACH OF A RESTRAINING ORDER:
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Now a violation under Sec. 127 CC-“Disobeying an order of the court.”
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It is an ‘arrestable’ dual procedure offence under Sec. 495(1) CC.
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R- Repetition of the offence (if you release they will do it again)
I- Identification
C- Court
E- Evidence
W7 (FLA) Family Law Act
Wednesday,) February)28,)2018
9:09)AM
Document Summary
Means to live together in a conjugal relationship, whether within or. The residence where the couple lived together prior to separation. If a spouse has no interest in matrimonial home, then they are. To personal property only enforceable by court order only. Orders of possession are acted upon by police officers only when a. Regardless of the ownership of the matrimonial home and/or its. Contents and despite the spouses right of possession, the court may, For example the contents of the matrimonial home may remain in the. Home for the use of the spouse given possession. Removed from the home for the use of a spouse or child etc. It is known as an order of possession or an order of. On application, a court may make an interim or final order. Restraining the applicant"s spouse from molesting, annoying or. Harassing the applicant or children in lawful custody of the. The order is referred to as a restraining order.
