Background:-
This case arose from the breakdown of a long relationship and marriage, with children of the family. The applicant sought urgent protection after alleging a sustained pattern of verbal, emotional, physical, and controlling behaviour. The application was made without notice and an interim order was granted pending the return hearing.
Relevant Law:-
The application was brought under section 42 of the Family Law Act 1996. The interim order prohibited violence, harassment, direct contact, attendance at the applicant’s home, social media publication, and damage to property, while permitting limited communication through solicitors or an agreed third party for child arrangements.
Issues:-
The issue at the return hearing was whether the interim protection should remain in force, and how that could be achieved without the need for contested findings at that stage.
Challenges:-
The respondent appeared in person. The case required careful handling to preserve protection for the applicant, avoid unnecessary escalation, and ensure that any final order accurately reflected the parties’ positions and the absence of findings of fact.
Decision:-
Following discussions before the hearing, the matter was resolved by agreement. The non-molestation order remained in force in the same terms. The respondent confirmed he had seen and retained the order. No findings of fact were made, and there was no order for costs beyond assessment of any legally aided costs.
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