Interdicts for civil partner owner occupiers

Relevant interdicts can be granted even if the couple continue to live together in the family home. [1] They can be used to restrain or prohibit particular conduct from one partner to the other or any conduct towards any child of the family. [2] For example, such an interdict could prohibit violent behaviour or conduct which place the spouse and/or child in a state of fear and alarm.

A child of the family is defined by legislation as any child or grandchild of either person who has been brought up or treated by either civil partner as if they were a child of that partner, whatever the age of such a child, grandchild or person. [3]

Interdicts issued after 4 May 2006 can also be used to prevent the non-applicant partner from entering or remaining in: [4]

• the family home

• any residence, other than the family home, occupied by the applicant partner

• any place of work of the applicant partner

• any school attended by a child in the temporary or permanent care of the applicant partner.

If the non-applicant partner has a right to occupy the family home then interdicts can only be used to exclude her/him from the home entirely when [5] they are granted ancillary to an exclusion order or where an application to the court for occupancy rights by the non-entitled spouse has been rejected.

If an interdict is granted ancillary to an exclusion order then the court must, on application, attach a power of arrest to it. [6]