If you are suffering from domestic violence in your relationship we can provide legal representation. We are acutely aware of the problems and the effects that domestic violence has on children, dependants, and on your life outside the home; and at work.
The Family Law Act is designed to protect people from harassment and domestic violence. The courts can move very fast in this area and can make 2 types of order:
- Anti-harassment (or non-molestation) orders, for protection from all forms of violence and abuse;
- Occupation orders – sometimes called exclusion orders – these regulate the occupation of the shared/family home or ban someone from the home.
The applications can be made when there is mild harassment, which means that that the applicant’s health and well-being is affected (no actual violence is necessary). These orders can be applied for directly and do not have to be made in conjunction with any other proceedings, such as divorce.
The court can make both non molestation and occupation orders ‘without notice’ meaning that the order can be made without the other party being at court. This would be appropriate where for example, an individual urgently required protection, and would be in danger if the other was informed of the hearing.
The court can also make an emergency protection order or interim care order for a child and can exclude a person who poses a risk to the child.