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Injunctions and restraining orders

The Family Court is frequently called upon to make injunctions and restraining orders in both property and parenting disputes.

There are clear guidelines as to when a court will impose an injunction or restraining order on someone. For example, with regard to property matters, generally the court must be satisfied that there is a real risk and evidence that one of the parties intends to squander or waste assets in order to frustrate the property settlement of the other party.

We have extensive experience in acting for people who are either seeking or opposing an injunction or restraining order.

We also represent third parties who have become involved in Family Court litigation and against whom an injunction or restraining order is sought. This is becoming increasingly common as the financial relationships between parties, especially when they own businesses, become more complicated.

 

Getting a restraining order - parenting matters

In parenting matters, the types of injunctions that are commonly sought include:

  • a restraining order that prevents a parent from moving the residence of a child; 
  • a restraining order that prevents a parent from travelling interstate or overseas with a child;
  • a restraining order that prevents a parent from altering a child's school, name or other important detail;
  • a restraining order that prevents parents from contacting, approaching or communicating with each other. 

Getting a restraining order - property matters

In property matters, common types of injunctions that are sought include:

  • a restraining order that prevents one party selling, transferring or dealing with particular items of property such as bank accounts or chattels;
  • a restraining order that prevents one party from dealing with business assets, other than in the ordinary course of business;
  • a restraining order that prevents one party from occupying a particular property.

 



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