| Emergency Injunctions |
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Under Part IV of the Family Law Act 1996 it is possible to apply for different types of injunction orders :- Non-Molestation Order: This sets out exactly what your opponent is prevented from doing. Almost always, he/she is prevented from threatening you, using violence against you, intimidating, harassing and pestering you. This is referred to as a non molestation injunction. Occupation Order: Sometimes, there will be an order that he/she is prevented from trying to enter, or actually entering your property or coming within a certain number of metres from it. This is referred to as an occupation order. The method for obtaining an Emergency Injunction is as follows :- A statement will be taken from you which will set out the most recent incidents that have taken place and a history of your relationship with your opponent. This statement needs to be sworn that the content is true and is called an affidavit. The affidavit and an application for the emergency injunction order will be taken to court where we will ask for a Judge to hear our application that day. The hearing will take place without your opponent knowing about it, and as such any injunction that is granted will only be temporary. If an injunction is granted it will last until the next court hearing date. At the next hearing your opponent will be given the opportunity to attend court and to oput his version of events to the court. When the Judge hears both sides he will decide whether or not to grant a further injunction. Service Once you are granted an injunction order you have to wait until the order has been served upon your opponent (usually by a third party called a Process server) before it can be relied upon. Once your opponent has been served with the papers (and it does not matter whether he/she actually reads them or picks them up) you can rely on the injunction’s protection. It is only once your opponent receives the injunction that it becomes effective. Breach of an Injunction-the new law Under the new section 42A Family Law Act 1996, if you are granted an injunction and your opponent breaches that injunction after he/she has been served with the injunction, your opponent is automatically guilty of a criminal offence. If your opponent breaches an injunction granted against them you should firstly contact the police in order that they can take the necessary action and then inform us of the breach. |
