In urgent cases, it may be possible to protect you and your child(ren) straight away. The court can make both Non-Molestation and Occupation Orders without notice to the Respondent (the other party in the proceedings) where it considers that it is just and convenient to do so. In deciding whether to allow an application to proceed without notice, the court will take into account all circumstances, including:
- any risk of significant harm to you or your child if the order is not made immediately;
- whether it is likely that you will be deterred or prevented from pursuing the application if the order is not made immediately;
- whether there is reason to believe that the Respondent is evading service and delay in effecting service will seriously prejudice you or your child.
Occupation orders are more rarely granted without notice, as they involve ousting the Respondent from the home without the Court being aware if there is any alternative accommodation available to the Respondent. An order obtained without notice will be temporary only.