Family Law: Domestic Violence

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Last updated: March 16, 2026

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Main statute still in use	Family Law Act 1996
Two types of orders	Non-molestation
Two types of orders	Occupation
NMOs
What need the people involved be?	Associated
What need the people involved be?	Relevant child
Section	s.62
Criteria	Secure health and well-being
Section	s.42(5)
87% of orders made this way	Ex parte
Section	s.45
Consequences of breach	Criminal offence
OOs
Main two ways	Entitled spouse or owner
Main two ways	Non-entitled cohabitant or former

Sections (respectively)	s.33
Sections (respectively)	s.36
s.33, who can apply?	Interest in property
s.33, who can apply?	Home rights
Section (answer two)	s.30(2)
What is mandatory test	Balance of harm
Section	s.33(7)
Then turn to...	Discretionary factors
Section	s.33(6)
s.36, who can apply?	Non-entitled cohabitant or former
Non-mandatory harm test section	s.36(6)