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LAW2512 Family Law

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Questions:

The opinion will address the factual and legal issues which arise from the factual scenario, the relevant law and conclude with your reasoned opinion.

Legal Opinion

For the purpose of part, assume the application for a protection order has been granted and a temporary protection order has been issued against Jamie. In addition, the Judge has made an interim parenting order in relation to Damian and Jamie is only allowed to have supervised contact on terms approved by the Court.

You are a staff solicitor for a Hamilton firm . Your supervising partner is Pat Bennett. You and Pat meet with Jamie on the afternoon of Monday 9 April 2018. Jamie was served yesterday with documents by a Court Bailiff. Jamie urgently needs some legal advice.

When you meet with Jamie it is clear that he is angry at the situation. He tells you about how his wife Alicia has been cheating on him for about 3 months now with their neighbour Fred Morrison. During the conversation he says that she is “nothing but a lying whore”.

Alicia is currently pregnant and he knows that the baby is not his. Jamie tells you that he suspected she was having an affair with their neighbour Fred. The fact she is pregnant confirms it for him. He says they have not had sexual relations for at least 3 months now. He says that Alicia is an alcoholic and regularly passes out from being ‘blind drunk’. Because of this they have barely been sleeping in the same bed. She usually flakes out somewhere in the lounge or kitchen and he finds her there the next morning.

He admits he sent her the text message and the picture attached to it on 1 April 2018. He says that she drinks so heavily the baby will have foetal alcohol syndrome and the best thing she can do for everyone is have an abortion. He says it was a bad joke but after all it was April Fool’s day.

He wants DNA testing as soon as the baby is born but thinks that Alicia will refuse to try and save face.
He accepts that he has “lost it” with her at times but maintains that this is because of her alcoholism. He admits he has called Alicia names and yelled and shouted at her at times but he has had it with her drinking. It is destroying their family.

You read the documents filed by Alicia. Jamie says that he only got physical with her once and that was the incident at the kitchen table with the kids present. He said that she had been hiding some of the food money to buy alcohol for herself.

He denies having physically touched her at any other time. He said that night she broke her arm he came home and found her passed out at the bottom of the steps. He says to you “the stupid bitch was so drunk she must’ve fallen down the stairs herself”. He said that he did leave in a rage after he came home and found the house full of drunks. He said he had begged her time and time again to stop and go seek help but she just keeps on drinking. He says “what would you do if your girlfriend was so drunk she was passing out on the floor pissing herself, you’d lose it with her too”.

He says the time that she got the blood nose was nothing to do with him. He said he was in bed when she came in trying to attack him. He said he pushed her out of the bedroom and held the door shut until he heard her walk off.

Jamie said he was so angry he punched a hole in the wall but that was it. He got back into bed and about 5 minutes later heard a loud crash in the kitchen. He got up to investigate and found Alicia passed out on the floor. He said she must have hit her face on the way down because her nose was bleeding. Jessica had woken up from the noise. Jamie describes to you how Jessica had to help him drag her own mother into the bedroom and throw her on the bed. He hates the kids seeing her like this.

Jamie said he is defending the charge of Male Assaults Female and has pleaded not guilty. He has a criminal lawyer who is handling this. He also wants to defend the temporary protection order because he says that most of it is lies. He does not want to have to do a stop violence programme because he says the only issue in their relationship is her drinking and her spending money that is meant for the kids on alcohol.

Jamie doesn’t think there is a future for them. Especially now that he knows she’s been having an affair with Fred. He just wants to have contact with his children and move on with his life. Jessica has already started spending the night at Mary’s house because she can’t stand to be alone with her mother. He said that Jessica hates her and says “she’s nothing but a drunk”. Jamie agrees.

Jamie understands that his contact with Damian has to be supervised and he wants his mother Mary to be the one to do it. He says that Mary is a suitable person to supervise contact. She is a respected elder in the community and a volunteer at the Salvation Army shop.

Pat has asked you to write an opinion given the application by Alicia, the resulting orders, Jamie’s instructions about what he wants and what the next steps will be. Pat says because of the busy Court schedule any hearing will not take place until August 2018 at the earliest.

Within your opinion you need to address the following:

1. What steps Jamie should take next regarding the Family Court proceedings (including any documents he would need to file and what dates they have to be filed by) and why. Refer to the applicable rules, statute and any applicable case-law.

2. Advise Jamie as to whether or not in your opinion he will be successful in defending the temporary protection order. Refer to the applicable rules, statute and any applicable case-law.

3. What steps should Jamie take in the future to determine who is the father of Alicia’s unborn child? Refer to the applicable rules, statute and any applicable case-law.

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help (2020) Family Law [Online]. Available from: https://myassignmenthelp.com/free-samples/law2512-family-law/domestic-violence-related-issues.html
[Accessed 01 August 2021].

My Assignment Help. 'Family Law' (My Assignment Help, 2020) <https://myassignmenthelp.com/free-samples/law2512-family-law/domestic-violence-related-issues.html> accessed 01 August 2021.

My Assignment Help. Family Law [Internet]. My Assignment Help. 2020 [cited 01 August 2021]. Available from: https://myassignmenthelp.com/free-samples/law2512-family-law/domestic-violence-related-issues.html.


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