In many cases involving relationship breakdown, clients have to be advised about emergency legal remedies to protect their personal safety or to deal with issues relating to the children. These orders or injunctions are generally granted under the Family Law Act:

These are orders which prevent one of the parties from threatening abusing or assaulting the other party. This may be necessary where there has been a history of domestic violence and one party needs protection from the other party.

It is a criminal offence to breach a Non Molestation Order. This means the Police can arrest the other party if they breach the terms of a Non Molestation Order. It is punishable by up to five years imprisonment and / or a fine.

These are orders which exclude one party from the family home for the protection or the welfare of the party or the relevant children. The Court can also add an exclusion zone around the property. The order may have a “power of arrest” attached which will enable the Police to make an immediate arrest if the Occupation Order is breached. It is not however a criminal offence and punishment is dealt with by the Civil Court.

In certain circumstances, where there is a course of conduct involving two or more incidents, a party can seek an injunction order under this legislation.

Sometimes, and in extreme cases, it is necessary to make an immediate application to the Court for an injunction without giving notice of the hearing to the other party. This might be where, for example, there is an immediate threat of violence and an apprehension that the threat will be carried out shortly unless deal with straight away.