Rule 10.2 Applications for an occupation order or a non-molestation order

(1)

An application for an occupation order or a non-molestation order must be supported by a witness statement.

(2)

F1An application for an occupation order or a non-molestation order may be made without notice.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Where an application is made without notice, the witness statement in support of the application must state the reasons why notice has not been given. (Section 45 of the 1996 Act sets out the criteria for making an order without notice.)

Annotations

Textual amendments

F1: Word in rule 10.2(2) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 35(a) (with rule 137); S.I. 2014/954, art. 2
F2: Rule 10.2(3) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 35(b) (with rule 137); S.I. 2014/954, art. 2