Family Law Act

If you are experiencing harassment, violence, verbal or emotional abuse from a partner or ex-partner we may be able to help you apply for a court order which protects you.

Depending on the circumstances of your case, we would usually advise you to obtain an Injunction. There are two types of Injunction, namely a Non-Molestation or Occupation Order.

A Non-Molestation Order is an injunction which can be obtained against an associated person. This Order will prevent the perpetrator from continuing to harass, be violent or abusive to you or your children. This Injunction can also prevent the perpetrator from coming within a certain distance of you, your children and your home. The Court also has the power to prevent the perpetrator from instructing others to harass or be violent or abusive towards you.

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An Occupation Order can define who lives within the Family home. It can also prevent the perpetrators from coming within a certain distance of your home. If you have left your family home as a result of the perpetrator, you can apply to the Court for an Occupation Order which could assist you in returning home. Alternatively, if the Court is of the view that both parties are to remain in the home then an occupation Order can specify which parts of the family home and at which times the home is to be occupied by you and the perpetrator.

If you are concerned about being harassed, violence or abuse, we can help by providing you with advice on the procedure for obtaining an injunction and whether an urgent application is required. If you are concerned, please contact us as soon as possible.

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