An injunction made by the Court is an order requiring a person to not do a thing or alternatively, requires a person to do something.
Many courts can make injunctions including the family law courts. Injunctions can be made in relation to financial and/or parenting matters.
The legislation allows the court to make orders:
1. For the personal protection of a child, a child’s parent, a person that is to spend time or communicate with a child under a parenting order or a person who has parental responsibility for a child; or
2. To restrain a person from entering or remaining in the place of residence, employment or education or other specified area of a child, a child’s parent, a person that is to spend time or communicate with a child under a parenting order or a person who has parental responsibility for a child.
The court will make the order if they think it is in the best interest of the child.
The legislation also allows the court to make orders:
1. For the personal protection of a party to the marriage;
2. To restrain a party to the marriage from entering or remaining in the matrimonial home or the other party’s residence or place of work;
3. For the protection of the marital relationship;
4. In relation to the property of a party to the marriage; or
5. In relation to the use or occupancy of the matrimonial home.
In making an injunctive order regarding financial matters, the court does not need to consider what is in the best interest of the child, rather what is necessary for the personal protection of a party.
If an injunction is made in similar terms to the above, the police have the power to arrest an individual restrained by the injunction. Police can arrest a person without a warrant if they reasonably believe the person has breached an injunction by causing or threatening to cause bodily harm to a person protected by the injunction, or by harassing or molesting that person.
This is not a power given to the Police if an injunction was issued for any other reason than personal protection.
The person who is being protected by an injunction can then bring a contravention application back to the family law courts to request that the order is enforced or alternatively, the person that contravened the order is punished by way of a bond, fine or in serious circumstances, a term of imprisonment.
These issues are very complicated and not orders that a court will grant widely. External and well thought out evidence is required for the court to consider these orders necessary. The team here at O’Loan Family Law will be able to provide you with guidance as to the likelihood of a court making the order for you and assist you in gathering the evidence required. Reach out to us to make an appointment to talk about your requirements here.
About The Author - Bron O'Loan
Bron O’Loan is an Accredited Specialist in Family Law and Principal Director of O’Loan Family Law in Sydney. Admitted to practise in 2015, she has over 12 years of exclusive family law experience advising on separation, parenting disputes and complex property settlements. Bron holds a Master of Applied Law (Family Law) and is admitted to the Supreme Court of NSW and the High Court of Australia, providing strategic, commercially aware advice tailored to each family’s circumstances. |
*This post is an overview only and should not be considered as legal advice. If there are any matters that you would like us to advise you on, then please contact us.
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