Injunctions are orders given by a court requiring a party to refrain from performing an action. The court can grant an order or injunction:

It should be noted that injunction proceedings may be commenced even though there is no actual violence, but the children are being adversely affected by the behaviour. Other situations which may require injunction proceedings are when a spouse threatens to take the children away, or wishes to deal with the matrimonial home so as to adversely affect its occupancy by the other spouse and children.

The Family Court, the Federal Magistrates Court and the state Magistrates' Courts have jurisdiction to grant injunctions. In practice, most injunctions are dealt with by the Family Court and Federal Magistrates Court. Although the state Magistrates' Courts have a limited jurisdiction in disputes over property, this does not prevent them granting an injunction depriving a spouse of the right to the use and occupancy of the matrimonial home. This is so because an injunction does not affect property interests. It is only an order suspending enjoyment of the property.

In very urgent matters, the state Magistrates' Court is the logical starting point, particularly in country areas. The only disadvantage is that some Magistrates are not familiar with the requirements of proof and many Magistrates simply do not like handling family law matters.

Where possible, applications should be made to the Family Court or Federal Magistrates Court and in preference, not ex parte (i.e. without notifying the other spouse). It is often found in practice that once the spouse has been served with the documents he or she seeks legal advice and "sees the writing on the wall". Settlement is then more likely to be achieved.

In case of urgency, a court may make an ex parte (i.e. without notice to the other party) order for an injunction. Unless the court orders otherwise, the application should be in writing and in accordance with Rule 5.3 of the Family Law Rules 2004 (Cth) ("Family Law Rules"). In cases of extreme urgency, the court may hear oral applications. An ex parte order operates only until a specified time or until a further court order has been made. (For more information, see: Chapter 5*4 Family Violence.)

When a court makes an order or grants an injunction under section 68B or 114 of FLA, the court may:

Failure to comply with such advice or direction from the court does not constitute contempt of court.

Where an act or omission referred to in section 112AM of FLA is an offence against any other law, the person committing the offence may be prosecuted and convicted under that law, but nothing in this section renders any person liable to be punished twice for the same offence (e.g. disobeying an injunction by assaulting a wife).

Proceedings are instituted in the same way as for ancillary matters. See: "Service of documents" above, and "Orders" in Chapter 5*2 Parental Responsibility, Maintenance and Child Support.

A police officer who believes on reasonable grounds that an injunction for the personal protection of a person (adult or child) has been breached may arrest the respondent without warrant (ss.68C & 114AA). A person who is arrested under either of these sections must be brought before the court within 24 hours of arrest, or on a weekend or public holiday within 42 hours of arrest (ss.68C(3) & 114AA(7)). (For further information about injunctions, see: Chapter 5*4 Family Violence.)