An injunction is an order of the court requiring a person to either do something or refrain from doing something. You may need an injunction to prevent your ex-partner from coming to your address, prevent your ex-partner from harassing/abusing you or instructing someone else to harass you, stopping your ex-partner from taking the children out of the country without your consent, or to give up the matrimonial home in order for you and the children to reside in it.

You can apply for an injunction without notice being given to the other party in an emergency matter. You would, however, have to swear an affidavit stating why you have applied without notice. Once an injunction has been issued you would have to arrange for personal service on the other party. You can request the court to effect service for you if you are representing yourself.

If the court makes an order without notice, the court must afford the other party an opportunity to make representations at a full hearing as soon as is just and convenient.

The court has the power to grant injunctions for a period of six months to a year. If at the end of the period the matter has not been resolved an application can be made by you to extend the order. Note that the other party can apply to the court to make an undertaking stating that they would not carry out any of the activities you are seeking the injunction for. The court would be obliged to accept such undertaking.

We are here to assist you through this whole process as it can be a daunting and stressful.