With respect to applications for non-molestation orders and occupation orders, whilst the legislation specifically refers to molestation, the term ‘molesting’ is not specifically defined. The following behaviour can qualify as molestation or domestic abuse:

• Acts of, or, threats of violence
• Verbal abuse
• Emotional abuse
• Sexual abuse
• Coercive control
• Gaslighting
• Financial abuse
• Persistent communication
• Attending at an individual’s home uninvited
• Sending abusive messages
• Searching through personal items
• Sending derogatory images to third parties.

The court will consider the perpetrator’s behaviour and the effect that it is having on you. The above list is not exhaustive and domestic abuse comes in many different forms.

If you are in immediate danger you should contact the Police for immediate emergency assistance.

If you are experiencing domestic violence/abuse it is important to seek help as soon as possible. Please do not hesitate to contact our Family Law team who will be able to take urgent steps, as required, to protect your safety and welfare. This may include arranging an immediate appointment with a view to issuing emergency proceedings. It is possible that the court may list a hearing within 24 hours of your application being filed, possibly, the same day on which you contact us.

It is possible to seek protective injunctions. An injunction is a type of court order which specifically prohibits specific actions or conduct. For example, you can apply for a non-molestation order to prevent an individual from coming within 100 metres of you or attending at your property and an occupation order to regulate who can live in the family home.

An application for an injunction can be made without the need to notify the perpetrator of the abuse of the initial hearing. This is known as an ex-parte application. Following the initial ex-parte hearing, the perpetrator will be given notice of the court proceedings and the date for the next hearing but, by then, the court may have granted an injunction providing you with protection.

Witnessing domestic violence and abuse at a young age can be traumatic and affect the child’s overall health, education, general wellbeing and how they develop relationships with other people. A non-molestation order and/or an occupation order can provide protection for you and also your children.