Injunctions and restraining orders

Family Law Act injunctions

In addition to intervention orders, which are dealt with by state and territory Magistrates’ Courts, the Family Law Act (FLA) provides similar orders known as injunctions. In most cases, Calley Rajah Family Lawyers will recommend using an intervention order as they are more cost effective and easier to obtain. 

A FLA injunction can be used to stop one party from harassing or assaulting the other. A FLA injunction can also be used to restrain one spouse from entering or remaining in a specified place, such as the family home. However, given the seriousness of evicting someone from their home, these injunctions are difficult to obtain.

You can apply for a FLA injunction if you are married, divorced, separated, or in a de facto relationship, whether you have children or not. However, unlike state and territory intervention orders, you cannot get an injunction against other family members like siblings, uncles, or other relatives or against boyfriends (unless you have a child together).

Injunctions under the FLA may be obtained in instances where one party in a marriage or de facto relationship is acting in an untoward manner or without the consent of the other party (e.g. dissipating bank accounts, selling assets, transferring goods to third parties).

Injunctions preventing such behaviour may need to be obtained urgently from a Court and one of the expert lawyers at Calley Rajah Family Lawyers is able to advise you about the process involved and to put into place the necessary steps to get an injunction if required.