Family Violence – Injunctions & Court Orders - Matrimonial Lawyers
An injunction is a court order which prohibits someone from doing something. A family violence injunction or a family violence order can be obtained without prior notice to the respondent on an ex-partie basis. This will usually be done if the applicant is concerned about their personal safety if the respondent knew about the proceedings in advance of the court order being made. In this instance, the order will be effective as soon as the respondent is made aware of it. In due course the matter will be considered by a judge at a full hearing with both parties having the right to attend to put their case, before a final order is made.
Family Violence Order
A ‘family violence order’ is a court order (including an interim order) made under a prescribed law of a State or Territory intended to protect an individual from family violence. There is not usually any specified relationship that needs to be in existence in order to obtain a family violence order. Applicants need not be married or in any other relationship or have children to justify application to the court.
Family Violence Injunctions
The Family Law Act 1975 defines family violence as :-
Conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family, that causes that or any other member of the person's family to fear for, or to be apprehensive about, his or her personal well being or safety.
The Family Court can only grant a family violence injunction against a partner or former partner if one of the following conditions are satisfied :-
if the parties are spouses or ex-spouses the Court can grant a personal protection orders preventing your spouse or ex-spouse from entering in or remaining near your home or workplace
the parties were never married but there are relevant children's proceedings - the court can make orders for the protection of the child and parent
the innocent victim has a residence, contact or specific issues order in relation to a child – the court can make orders for the protection of the child and parent
Limited Applicants
From the foregoing it should be noted that the Family Court has no power to make a family violence injunction covering couples in de facto relationships where there are no children – in this case the applicant must seek a family violence order from the Local Court.
Family Law Solicitors
If you intend to issue matrimonial proceedings you will need the help of a specialist divorce lawyer who will be able to give you clear advice on your legal rights and obligations and how to protect your future interests. If you would like free initial advice on the telephone, just complete and send the contact form or email our offices. If after talking to us you decide to proceed no further, you will not be charged for our advice.