AGH and KGH -v- H [2008] JRC 022 (18 February 2008)

AGH and KGH -v- H [2008] JRC 022 (18 February 2008)

The Court found that there was sufficient evidence of past and ongoing molestation and intimidation by Mrs H, that the plaintiffs, especially Mrs KG H, required continued protection, and that judicial intervention remained necessary. However, the injunctions should be for a limited period, not indefinite, and thus were continued until 1st September 2008, after which they would lapse.

Citation
[2008] JRC 022
Parties
First Plaintiff: Mr AG H; Second Plaintiff: Mrs KG H; Defendant: Mrs H
Jurisdiction
Jersey
Judgment Date
18 February 2008
Procedural Posture
Application to Set Aside Non Molestation Interim Injunctions / Post Interim Injunction, Contested Hearing
Outcome
Interim injunctions confirmed and continued until 1st September 2008, after which they will lapse.
Legal Topics
Non Molestation Orders, Interim Injunctions, Domestic Violence, Judicial Discretion, Burden of Proof
Family Law Injunctions Non Molestation Orders Interim Injunctions Domestic Violence Judicial Discretion Burden of Proof

Case Brief

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Parties

Mr AG H

First Plaintiff

Mrs KG H

Second Plaintiff

Mrs H

Defendant

Procedural Posture

Application to Set Aside Non Molestation Interim Injunctions / Post Interim Injunction, Contested Hearing

Legal Issues

  1. 1 Whether the interim non-molestation injunctions against Mrs H should be continued or set aside
  2. 2 What criteria should govern the continuation of non-molestation orders in Jersey

Ratio Decidendi

The Court found that there was sufficient evidence of past and ongoing molestation and intimidation by Mrs H, that the plaintiffs, especially Mrs KG H, required continued protection, and that judicial intervention remained necessary. However, the injunctions should be for a limited period, not indefinite, and thus were continued until 1st September 2008, after which they would lapse.

Court Disposition

Interim injunctions confirmed and continued until 1st September 2008, after which they will lapse.

Orders

  • Interim non-molestation injunctions to remain in force until 1st September 2008.
  • Proceedings to terminate and injunctions to cease to be of effect after that date.