Injunction
Emergency Remedies ('Injunctions')
Regrettably there are times within a relationship when one party is subjected to
domestic violence by the other party. Domestic violence is the emotional, physical
and sexual abuse between people who have at some time had an intimate or family
relationship. At such times it may be necessary to seek the assistance of the Court
for protection.
The remedies available in summary are:-
1)
The legislation under which the proceedings may be brought will depend upon the
parties' circumstances immediately preceding the issue of proceedings and will also
depend upon whether the parties are living together as man and wife or are actually
married to one another.
The basic procedure is as follows:-
A Non-molestation Injunction (i.e. Court Order) preventing one party from
molesting or interfering with the other party to the relationship or perhaps a child
of the parties.
2)A Non-occupation Injunction removing one party from a jointly shared residence
or preventing a party from returning or visiting a jointly shared residence.
1)
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If the situation is very urgent an application can be made 'ex-parte'. This
means an application for an injunction is made to the Judge without giving the
other party notice of the application.
Obviously, if an injunction is granted 'ex-parte' it will mean that the Court has
made the Order having heard only one side of the story.
A date will be given quickly when both parties should attend the Court for the
matter to be considered in more detail and if appropriate further Orders made.
An Order made 'ex-parte' is only effective upon the person against whom it is
made after it has been served upon that person. That is to say until he or she
has notice of the Order they cannot be bound by it.
2)More usually when an application for an injunction is made the other party
will be given notice of the Hearing date and the opportunity to attend the Hearing.
The person applying for the injunction makes a statement setting out the grounds
for the application. The other party may make a statement in reply if they wish.