Practice guidance on non-molestation injunctions issued

Practice guidance on non-molestation injunctions issued

New guidance from the Family Division focuses on the issuance of non-molestation injunctions where an order is made without notice to the respondent.

The president of the Family Division, Sir Andrew McFarlane, has issued practice guidance to address some of the practical and procedural aspects of applications under section 42 of the Family Law Act 1996, commonly known as non-molestation injunctions.

"When deciding whether it is “just and convenient” to make an order without notice, the court’s approach must be informed by a modern understanding of domestic abuse," McFarlane says. He also says the court "must at all times balance the applicant’s need for protection with the need to limit interference with the respondent’s rights to that which is proportionate".

The new guidance also addresses ex parte hearings, orders and remedies, and service, among other issues.

AdvertisementAdvertisementAdvertisementAdvertisementAdvertisementAdvertisement
Latest News

The Chancery Lane Project expands to the USA

Thu Sep 21 2023

Delay in Final Report of the Infected Blood Inquiry

Thu Sep 21 2023

Attorney General presents UK intervention in Ukraine case against Russia at International Court of Justice

Thu Sep 21 2023

Firms losing potential clients by failing to return their calls, research shows

Thu Sep 21 2023

Powers of attorney modernised as legislation allows CILEX Lawyers to certify LPA copies for the first time

Thu Sep 21 2023

Stark contrast between Government response to Post Office Horizon victims and Infected Blood

Wed Sep 20 2023

ACSO comments on the Justice select Committee report:

Wed Sep 20 2023

Campaigners win permission to appeal against Sizewell C Nuclear Power Station ruling

Tue Sep 19 2023

Pre-inquest review into the deaths of Reading murder victims, James Furlong, Dr David Wails and Joseph Ritchie-Bennett

Mon Sep 18 2023
FeaturedAudit reform: if not now, when?
Audit reform: if not now, when?
Browne Jacobson collaborates with LGiU on report highlighting “critical” role of local government to hit net zero
Browne Jacobson collaborates with LGiU on report highlighting “critical” role of local government to hit net zero
The battle for talent – promoting diversity
The battle for talent – promoting diversity
BSB publishes new guidance on barristers’ conduct in non-professional life and on social mediaSJ interview: Adrian Chopin
SJ interview: Adrian Chopin
Whose human rights are more important, yours or mine?
Whose human rights are more important, yours or mine?