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There are two types of order available under the Family Law Act 1996. The first is called a “non-molestation order” and is an order which prevents a person from harassing, pestering, molesting or otherwise interfering with you. In a serious case, you can ask the Court to order a person not to contact you.

The order can also prohibit a person from using violence against you or from threatening to use violence against you. Non-molestation Orders are designed and intended to ensure your personal security and safety and you should ask the court to make such an order whenever you have reason to fear that your safety or security are threatened, whether from violence or from unwanted intrusion or behaviour.

The Courts will, when appropriate, readily make a Non-molestation Order since doing so does not interfere with anyone else’s freedom (because the other person should not be doing these things to you anyway).

The second type of order is called an “Occupation Order” and is used whenever there is a need to regulate the occupation of a shared home. We will not be discussing Occupation Orders on this site and you are advised to obtain professional advise if you feel you would benefit from having one.