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(p. 411) 36. Protection under the Family Law Act 1996: Procedure 

(p. 411) 36. Protection under the Family Law Act 1996: Procedure
(p. 411) 36. Protection under the Family Law Act 1996: Procedure

Jane Sendall

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date: 29 January 2020

This chapter discusses the procedure for obtaining orders under the Family Law Act 1996 without notice, on notice, and when enforcing orders. Proceedings are commenced using a Form FL401 and a statement in support. Proceedings can be commenced in either the county court or family proceedings court. Funding is available for those eligible for CLS funding. The respondent should be personally served with the FL401 and the statement in support unless the application is to be made without notice. Police should be contacted if a non-molestation order is breached and if an occupation order has a power of arrest attached to it.

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