Under the Family Law Act 1986, if you are subject to domestic abuse, you can apply for an injunction to protect yourself and in some cases your children also.
There is no specific definition of domestic abuse. It can be when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.
Domestic abuse can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.
In some instances, a telephone call to the police or help in seeking refuge to a safe environment will provide sufficient protection to a victim of domestic abuse. For others, an application to the court for an injunction order will be required.
You can apply for the following orders:
1. Non Molestation Order
This is an order that prohibits your partner or spouse from using or threatening violence against you or your children, or intimidating, harassing or pestering you.
2. Occupation Order
This is an order that requires your partner or spouse to leave the home. Orders can be made to suspend an individual’s right to occupy the home and, in some circumstances, exclude the individual from a defined area around the home
Be prepared, if you are applying for an Emergency Order or an order on notice to prepare a detailed statement in support. McAlister Family Law can assist you with this.
The court can grant such orders urgently on the day the application is issued. Such emergency orders will often be applied for without notice to your partner. This means that your partner will not have advanced warning that you are going to court to address any immediate safety concerns.
A Non Molestation Order or an Occupation order can be granted from anywhere between 6-12 months in duration.
It is important to bear in mind that breach of a Non Molestation Order is an arrestable offence and every Non Molestation Order carries a Power of Arrest.
If the court does not grant an emergency hearing or you apply, on notice, to the respondent in the case, then you will usually get a hearing within 7-14 days. You will be required to return back to the court for a further hearing once the respondent has been given notice of the order made. If matters cannot be agreed on the return hearing date, the court will usually set a Contested Final Hearing to determine the matter.
If you are in immediate danger then you are advised to report the abuse to the police so that emergency help can be provided to you.
