Section 11Part 2 — PROTECTION, OCCUPATION AND TENANCY ORDERS
Ex parte application for an occupation order
←→ Navigate · Click subsection badges to collapse · Press ? for help
An occupation order may be made on an ex parte application if the court is satisfied that —
the respondent has committed or threatened to commit, an act of domestic violence against a prescribed person; and
the delay that would be caused by proceeding on summons —
will or may result in a risk to the personal safety of a prescribed person; or
cause the prescribed person serious or undue hardship.
An occupation order made on an ex parte application shall be an interim order and served personally on the respondent.
Where the court grants an occupation order on an ex parte application, the court may at the same time make an interim protection order.
An occupation order which is made on an ex parte application expires —
on the discharge of the order by the court; or
on the discharge of an interim protection order made pursuant to subsection (3).