Family Court Injunctions available under Part IV of the Family Law Act 1996.
We can advice and represent you if you need to make an application or defend an application relating to a family court injunction.
Please see more information about family court injunctions below and contact us if you need further information or legal representation.
The two types of family court injunctions that we can help you with.
- Non-molestation Orders
- Occupation Orders.
Our family team can apply for an occupation order if you have a right to occupy the home and your right is being questioned or threatened by your spouse or other relevant person.
An occupation order will make clear who has the right to stay at the family home, who can return to the home and who should be excluded.
An occupation order will not change ownership of a property. Ownership matters will be resolved as part of ancillary matters to a divorce.
Occupation orders are mostly short term. The duration will depend on your needs.
Usually your occupation orders last for six or twelve months. The order can be renewed to give you and your children the accommodation and protection.
Occupation orders can only be made in relation to a property where you both live, have lived or you intend to live in.
You can only apply for a family court injunction if you are an ‘associated person’.
On persons in the categories listed below are qualify to make applications as an associated person or against another associated person:
- You are or have been married to each other.
- You are or have been in a civil partnership with each other.
- You are cohabitants or former cohabitants (including same sex couples).
- You live or have lived in the same household.
- You are relatives.
- You have formally agreed to marry each other (even if that agreement has now ended).
- You have a child together (this can include those who are parents of the same child, and those who have parental responsibility for the same child).
- Although not living together, you have been in an “intimate relationship of significant duration”.
- You are both involved in the same family proceedings (e.g. divorce or child contact).
Please contact us for expert legal services on:
- Child Custody, Contact Orders & Access to Children
- Parental Rights Applications
- Separation Agreements
- Pre-Nuptial Agreements
- Post-Nuptial Agreements
- Divorce & Separation Financial Matters