FAQs on Injunctions
What is a non-molestation order?
A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
A breach of a non-molestation order is a criminal offence, however, you should still be able to take your abuser back to the civil court for breaking the order, if you prefer this.
What is an Occupation Order?
An Occupation Order affects who can live in or live in part of the family home. It is a type of injunction made under Part IV of the Family Law Act 1996 and can have the following effects. An Occupation Order might:
1. Allow you or your partner to stay in the home
2. Allow you or your partner to return to the home if you/they have left
3. Restrict you or your partner to part of the home
4. Prevent you or your partner from entering the home
5. Prevent you or your partner from visiting the neighbourhood where the home is location
6. Provide that your ‘home rights’ do not cease in the event of the death of the other spouse or civil partner or upon termination of the marriage or civil partnership.
What is a Specific Issue Order?
If you as a parent is seeking permission to do something that the other parent does not consent to, then a Specific Issue Order will be required. Examples include moving school, changing the child’s name, changing the child’s religion and holidays abroad. If it is related to holidays, the Court will consider most holidays to be in the best interests of the children, and should an application be made, grant a Specific Issue Order.