Injunctions / Occupational Orders

The court can grant an order prohibiting the Respondent from molesting you or your child. The word “molestation” covers not only violence, threats of violence but also pestering. You have to be an “associated person” under s62 of the Family Law Act 1996. Injunctions are in force for a specified period of time and are not indefinite. Normally an injunction lasts for six months.

An occupational order excludes/prohibits the other party from occupation of the home. They can also extend to excluding that party from a specified area around the home if necessary. Occupation Orders can be applied for by spouses and cohabitations. Other “associated persons” can only apply in specified circumstances. A power of arrest can be attached to Occupation Orders if need be by the Court.

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