Injunctions and Personal Protection Orders
Available as both freestanding applications and as applications within other proceedings, such as divorce, non molestation orders (injunctions) can be obtained on notice, on short notice, or ex parte, (without any notice to the other party).
In cases where there is significant or persistent domestic abuse an occupation order (an order requiring one party to vacate the family home) might also be appropriate. These applications have to be on notice.
The extension of the criminal law to cover areas such as harassment, stalking and malicious telecommunications, has brought about positive progress in as much as restraining orders are often attached to orders made within criminal proceedings, for example following a conviction for assault, and these help restrict/reduce the need for individuals to apply in family proceedings for such orders, which can be costly.
If you are in an abusive relationship and need help within matrimonial proceedings to apply for a non molestation or occupation order, contact us about next steps.