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Legal Studies for Social Care Essay

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Legal Studies for Social Care
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LEGAL STUDIES FOR SOCIAL CARE 2
Emergency Barring Order
An emergency barring order is a temporary decree that requires the abusive individual to
vacate a home and bars the person from entering the premises for a number of days. According
to the Domestic Violence Act 2018, the emergency barring order can only be obtained by an
individual who is not a spouse or a civil partner or is not a close relative to the respondent but
have lived in an intimate relationship with the respondent before the application was made. The
applicant can also be a parent to the respondent who is an adult. A court only offers an
emergency order in consideration to the premises that the applicant lives. The court considers
circumstances where the abusive individual has legal rights to the place but the applicant does
not have or when the applicant has less legal rights to the place according to the court’s opinions.
The court offers an emergency barring order in cases of reasonable grounds for accepting
that there is immediate risk that can cause great harm to the applicant if the court fails to make an
order immediately. An emergency barring order will require the respondent to vacate the place
where he/she is living with the applicant. In case the respondent is not living in the same place
with the applicant, he/she will be banned from entering the place for a period that does not
exceed eight business days.
An emergency barring order is only deemed necessary by the court if it deters the
respondent from using violence against, molesting or threatening the applicant. The court also
thinks the order is fit if the order prevents the applicant from watching or besetting the place
where the applicant lives. An emergency barring order is also deemed necessary if it prevents the
respondent from following or communicating to the applicant through any means of
communication.
Offence of Coercive Control

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1 Legal Studies for Social Care Name: Institutional Affiliation: Course Code: Professor’s Name: LEGAL STUDIES FOR SOCIAL CARE 2 Emergency Barring Order An emergency barring order is a temporary decree that requires the abusive individual to vacate a home and bars the person from entering the premises for a number of days. According to the Domestic Violence Act 2018, the emergency barring order can only be obtained by an individual who is not a spouse or a civil partner or is not a close relative to the respondent but have lived in an intimate relationship with the respondent before the application was made. The applicant can also be a parent to the respondent who is an adult. A court only offers an emergency order in consideration to the premises that the applicant lives. The court considers circumstances where the abusive individual has legal rights to the place but the applicant does not have or when the applicant has less legal rights to the place according to the court’s opinions. The court offers an emergency barring order in cases of reasonable grounds for accepting that there is immediate risk that can cause great harm to the applicant if the court fails to make an order immediately. An emergency barring order will require the respondent to vacate the place where he/she is living with the applicant. In case the respondent is not living in the same place with the applicant, he/she will be banned from entering the place for a period that does not exceed eight b ...
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