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Domestic violence injunctions

The Family Law Reform Act Part V allows a party to apply for a non-molestation and/or an occupation order.

A non-molestation order prevents another party from harassing, pestering, assaulting and/or communicating with the applicant. An occupation order determines who can enter and occupy an area or property, normally being the family home.

An occupation order can be used to allow you access back into your home. It can also be used to restrict or limit the other party’s use of the home.

If you are at risk of violence or harm, and can prove evidence of risk of harm suffered previously, you can apply for an order to remove your partner from the property and restrict their return. This is a draconian order limiting a person from occupying their own home, and so the court will need to be satisfied that the other party’s conduct is such to warrant such a restriction.  If the court is not satisfied that the conduct is sufficiently concerning to warrant a removal of the other party then there is a provision to regulate the other party’s use of the home, by setting timetables for when communal areas can be used, and by restricting entry into certain rooms altogether.

The court will need to be satisfied on the facts of your case that such restrictive orders are necessary.

If you are subject to abuse or harassment then please contact one of our family law specialists in confidence and we will arrange to see you urgently to understand your situation and appraise you on the potential remedies available to you.

NB This is a general summary of the law as at the date of creation of this page. It should not replace legal advice tailored to your specific circumstances.