Most often, injunctions are associated with situations where domestic violence, threatening or harassing behaviour has occurred. There are two ways of applying for injunctions – with or without notice to the other person. A without notice application is where the court is asked to make an order without the other party being at court. These applications can only be made if there is a real and immediate danger of serious injury or irreparable harm.
Under the Family Law Act 1996 there are two types of orders to protect people:
- Non-molestation orders
- Occupation orders
A non-molestation order will forbid one party from:
- Using or threatening violence against the other party
- Intimidating, harassing or pestering the other party
An occupation order will require the other party to vacate the property. There are a number of issues that the court will have to take into account when making an occupation order because of the significant impact that such an order can have. The court has to consider the status of each party’s right to occupy the property. Other issues include:
- each party’s housing needs and resources,
- the financial circumstances of both parties,
- the alleged conduct and
- what might happen to the health and safety of each party or any children if no order was made.
The court has the authority to attach a power of arrest to an injunction.
Any breach of that injunction is considered to be very serious indeed. It can result in a criminal offence and up to 5 years imprisonment under the Domestic Violence Crime and Victims Act 2004.
Sometimes property and assets need to be protected, for example if one party is disposing of assets to avoid or frustrate financial claims. Under s37 of the Matrimonial Causes Act 1973, the court can prevent one party from transferring assets out of the country or to someone else or from carrying out a transaction (such as a sale of property). The court can even set aside certain transactions that have already taken effect.
It is always advisable to have important legal documents drafted by an experienced lawyer. At Prince Evans we can advise you and guide you
through this process and prepare skilfully drafted documents reflecting your instructions and requirements. Please contact Elizabeth Kornat for further information.
This material does not give a full statement of the Law. It is intended for guidance only and is not a substitute for individual professional advice. Prince Evans can accept no responsibility for loss occasioned as a result of any person acting or refraining from acting.
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