How To Obtain A Protection Order

To apply for either a non-molestation order and/or an occupation order an application has to be made to the County Court.

An order can be applied for in one of two ways.

1. Without notice being given to the other party

This means that you will go to court without the other party knowing that you are applying for an order. Judges are usually reluctant to make an order without the other party being present.

Before making an order the Judge will consider the reason or making the application without notice being given to the other person. If an order is made on a without notice basis the court must give the other party an opportunity to respond at a return hearing within a short time following the making of the order.

2. With a notice being given to the other party

Papers will personally handed to the other party and a date will be set for the first hearing. At that hearing the court will decide whether or not the non-molestation order or occupation order or both should be made