Glossary

GLOSSARY OF TERMS

Acknowledgment – the Respondent's initial response to an application stating whether they intend to defend the action

Advocacy - appearing for you at Court hearings

Affidavit – a legal document setting out facts relating to a case which has to be sworn before a solicitor or officer of the Court (also see Sworn Statement)

Applicant - the person bringing the claim before the Court

Application – (a) the initial application to the Court; or (b) an interim application to bring matters before the Court before a final hearing

Bailiff Service – request for a Court Bailiff to serve papers if a party fails to respond

Committal - Generally refers to a person being sent to prison or fined for breach of an Order

Counsel - a barrister practicing at the independent bar - these could be used either to advise on a case or attend at a final hearing

Cross-application - a counter-application which is sometimes brought by a Respondent

Domestic Violence - the generic term used to cover physical, mental and emotional abuse

Ex parte Order - an Order made without the other side being notified in advance

Harassment - a course of conduct designed to cause alarm or distress

Interim Hearing - a court hearing that is not final

Non-molestation Order - this is an Order prohibiting a party from specified conduct, usually assaulting or harassing the other person

Occupation Order - previously known as an Ouster, this is an Order excluding a person from a place (usually the parties joint home)

Power of arrest - where this is attached to an Order breach of the Order is likely to mean that the police will arrest the person in breach and bring then before the Magistrates’ Court

Respondent - the person against whom the claim is brought (also known as opponent)

Sworn statement – a legal document setting out facts relating to a case which involves reciting an oath in front of an independent solicitor or officer of the Court to confirm the content is true

Undertaking - a solemn promise, usually to the Court, to do or not to do specified activities.  Breach of an undertaking is punishable by committal to prison or a fine