T v M [2003] JRC 208 (14 November 2003)

T v M [2003] JRC 208 (14 November 2003)

Given the applicant's vulnerable mental state and the risk of deterioration in her mental health, the balance of risk favours re-imposing the injunctions and the power of arrest for six months to protect her stability.

Citation
[2003] JRC 208
Parties
Applicant: T.; Respondent: M.
Jurisdiction
Jersey
Judgment Date
14 November 2003
Procedural Posture
Matrimonial Injunction and Ancillary Relief / Application to Extend Power of Arrest
Outcome
application granted
Legal Topics
Matrimonial Injunction, Power of Arrest, Non Molestation Order, Judicial Separation
Family Law Domestic Violence Matrimonial Injunction Power of Arrest Non Molestation Order Judicial Separation

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Parties

T.

Applicant

M.

Respondent

Procedural Posture

Matrimonial Injunction and Ancillary Relief / Application to Extend Power of Arrest

Legal Issues

  1. 1 Whether to extend the power of arrest ancillary to a matrimonial injunction for a further six months
  2. 2 Assessment of risk to applicant's mental health if power of arrest is not extended

Ratio Decidendi

Given the applicant's vulnerable mental state and the risk of deterioration in her mental health, the balance of risk favours re-imposing the injunctions and the power of arrest for six months to protect her stability.

Court Disposition

application granted

Orders

  • Injunctions and power of arrest re-imposed for six months
  • Each party to bear its own costs unless otherwise argued