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| INJUNCTIONS
INFORMATION SHEET |
Non-molestation
Injunction
This is the most common form of injunction sought
to restrain violence. The precise effect of the
injunction when granted is dependent upon the particular
wording. This can vary. However, the general effect
is to prevent violence, threats, harassment and
pestering by the other party.
Occupation Order
This injunction requires the other party to leave
a stated property and to stay away. The court regards
it as a serious matter to exclude a person from
their home. Therefore, ouster injunctions are granted
sparingly.
Proceedings
The proceedings may be within divorce or under the
Family Law Act 1996. This will depend upon the facts
of the case.
Ex parte and on notice
Where there is evidence of real and immediate danger
of serious injury to the applicant, an injunction
order can be obtained ex parte. This means without
notice having to be given to the other party.
However, the ex parte order will only be made for
a short period of time, such as a week, to give
opportunity for notice of the application to be
served on the other party. It is a fundamental legal
principle that anyone facing allegations of any
kind should have the opportunity to give their version
of events. There will then be a hearing on notice
when the other party can attend and give evidence.
Power of Arrest
If the court is satisfied upon evidence of the validity
of the application, an Injunction Order will be
made. Under the Family Law Act 1996, the Court must
consider whether a power of arrest should be made.
A power of arrest can be attached where there has
been actual bodily harm or a strong element of psychological
harm caused by threats of actual bodily harm.
Undertaking
Frequently, the other party will offer to enter
into an undertaking with the court not to use violence,
molest, etc. This is instead of an injunction order.
Once given, the undertaking has the same force as
an injunction order so that any breach of it is
contempt of court.
Breaches
If an injunction order or undertaking is breached,
an application can be made to the court to commit
the other party to prison. If satisfied about the
evidence, the court can make a suspended sentence
order or, in a serious case, an immediate committal
to prison.
Duration
The injunction order will last for the period of
time stated. This is usually up to six months. If
there are continuing difficulties as the duration
of the injunction nears expiry, application can
be made for an extension. |
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