Page updated on: Thursday April 10, 2008
When the Family Court makes a protection order, the Domestic Violence Act also allows it to make various kinds of property orders to deal with who has access to the home and furniture.
The court can make these orders “without notice” (that is, without the respondent being told the applicant has applied for these orders) if the court is satisfied that the applicant or their children have been physically or sexually abused and that delay might expose them to more abuse.
These orders are:
Gives the applicant the right to live in the family’s house or flat if it’s owned by the applicant or the respondent, or both of them.
Occupation orders are usually temporary, to give the applicant and respondent time to sort out where they will live and how they will divide their property.
Gives the applicant the right to be the sole tenant of a rented home even if the applicant is on the tenancy agreement. The effect of an occupation or tenancy order is that the applicant has the right to live in the place and the respondent cannot live there. It’s irrelevant that the applicant might have moved out of the house or flat – the court can still make the order.
Gives the applicant the right to use furniture and household items in the home that was occupied by the couple.
The applicant can take furniture and household items to another house.
If an occupation or tenancy order is made and the respondent does not leave, the Court may issue a warrant to remove them from the property. If the respondent stays or goes onto the property they could be charged with trespass which carries a maximum penalty of three month’s imprisonment.