Non Molestation Order and Occupation Order

Non-Molestation Order and Occupation Order are two basic types of injunctions the court can make under the Family Law Act 1996. Contact us for legal advice now.

Our specialist team of solicitors and lawyers can provide you with expert legal advice and representations remotely from our office in Manchester.

An injunction is a court order that a named person should or should not do something. Usually, in family law, people want injunctions against a husband, wife or partner. However, we may be able to apply for an order against anyone in your family, or with whom you have had a close relationship, who has used violence against you. You can also seek protection for your child.

An emergency injunction is an informal description for a court order made without notice/ex parte – it means the person you are applying against will not be aware of the injunction until it is served on him/her.

Non-Molestation Orders

A non-molestation order is a court order (injunction) that protects you or your child from being harmed or threatened by the person who has abused you. It is a civil order obtained by a victim of domestic abuse from a Judge (or Magistrate) through the Family Court.

Who can apply for a Non-Molestation Order?

A person can apply for non-molestation order if he/she has experienced violence, abuse or threatening behaviour from another person who is an 'associated person'.

An associated person is usually either a relative or a person with whom you have had a close personal relationship, whether or not you have married or cohabited.

This is determined by s.62(3) of the Family Law Act 1996 and covers most relationships, including:

• Partners and former partners
• Family relations (including in-laws)
• People who live(d) together
• People who have children together

You can apply for yourself or on behalf of a child. Often, it is helpful for a letter to be written to the Respondent before court proceedings are started. We call this a 'letter before action'.

Occupation Orders

An occupation order is an order that someone must leave the home where you live, allow you to return there if you have already left, or is only allowed to occupy certain parts of the home.

The duration of the order depends upon the circumstances of your case. The court will make different orders depending on what rights you have to the property.

For example, whether you are a lodger or an owner-occupier - and the relationship between you and the other person (known as the Respondent). It will also consider the needs of any children.

An occupation order regulates who can live in the family home and can also restrict your abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an occupation order.

What relief the applicant can seek from the court in the Occupation Order?

Depending on the relationship between the parties, an Applicant may apply to the Court for one or more of the following:

• To enforce the Applicant's right to stay in the home
• To require the Respondent to permit the Applicant to enter and remain in the home
• to regulate the occupation of the home (for example who may use what parts of the house and at what times)
• To prohibit, suspend or restrict the Respondent's rights to occupy the home (and in certain cases to terminate those rights)
• To require the Respondent to leave the home or part of it
• To exclude the Respondent from a certain geographical distance away from the home.

How can we help?

• Taking your statement - At the first appointment, our team will take a full statement from you. We will need to take a history of your relationship and details of recent incidents between the Respondent and yourself. Our team of family law solicitors may ask you for your written authority, for example, to write to your doctor, the hospital or the police for a report.
• Preparation of documents - Our expert team of family law solicitors will prepare your application, along with a statement, setting out all the relevant facts of your case. If there are witnesses, our team of family law solicitors may also wish to see them to take statements so that further affidavits can be prepared and sworn by them. The application will then be taken by us to the court and a hearing date fixed. This is likely to be about a week ahead unless your case is so urgent that a hearing same day is required.

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