Injunctions and Court Orders
If you or your children been threatened or hurt, or you live in fear of violence, or harassment, be sure to contact the police immediately
At Machins we can help you obtain an injunction/court order to protect you and your children.
Who can I take out an injunction against?
Under the Family Law Act you can obtain an injunction/court order from those you are or have been married to; cohabitants and former cohabitants; those who live in the same household; certain relatives; the mother or farther of the child.
There are two types of injunction available to you:
Non-molestation order - This prevents someone from molesting you or a child. It can prohibit actions such as harassment, violence or pestering.
Occupation order - This deals with occupation of the home. The order can exclude a person from the home or an area around it, or give you access to the home if you have been thrown out.
In both cases the court may attach a Power of Arrest to the order. This means that the person can be sent to prison if they breach the order.
To apply, it is necessary to lodge an application together with a supporting sworn statement setting out the facts. The court will set a date for a hearing, and both of you will be informed. of which both This normally takes two to three weeks but in emergencies the Court can hear just your case immediately and make a temporary order. In exceptional circumstances, the other party may not be informed of the hearing.