Practice guidance on non-molestation injunctions issued
By Law News
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.