Domestic Violence Injunctions

The Law on Non-Molestation Orders and Occupation Orders

The Family Law Act 1996 outlines the law in relation to Non-Molestation Orders and Occupation Orders and details the powers of the Courts to protect victims of domestic violence from harm within a relationship or from an associated person.

Non-Molestation Order

A “Non-Molestation Order” is an Order preventing a Respondent from molesting the Applicant and any relevant child. The term ‘molesting’ is broadly defined and covers domestic violence and/or threats of violence, as well pestering and physical and verbal abuse. As a result, a wide range of behaviours can be deemed to be evidence of molestation and cases are determined on a case by case basis.

Occupation Order

An “Occupation Order” is an Order regulating the occupation of a property and can be obtained to exclude a Respondent from a property for the protection of the Applicant or relevant child or to control the occupation of that property.

We can guide you through the process at every stage.