Domestic Abuse and Injunctions Obtaining Non-Molestation Orders and Occupation Orders

Are you the victim of domestic abuse?

Heald Solicitors Can Help

If you are being troubled or abused by your spouse or ex-partner and don’t know where to turn, then our family law solicitors can advise on the merits of obtaining a Non-Molestation Order and or an Occupation Order. These orders can be obtained against persons who have been “associated” with you, most often they will be individuals you may have been in a relationship with.

• A Non-Molestation Order is specifically designed to stop the perpetrator of domestic abuse from abusing a victim whether the parties are separated or living together;
• An Occupation Order requires the perpetrator to move out of their residence for a stipulated period of time if the victim is residing with them and is the subject of domestic abuse.

Domestic abuse can take many forms including physical assaults, threatened assaults and psychological abuse, including controlling and coercive behaviour.

In securing such orders we will need to persuade the court that the victim, our client, is in need of protection. We have provided a short guide below to what we will need to prove to the court, the time frame for obtaining such orders, and what happens if a victim is still troubled by their spouse or ex-partner after the orders are granted.

Non-molestation or Occupation order

What You Need to Prove to Secure a Non-Molestation Order and/or an Occupation Order

To be granted a Non-Molestation Order, you will need to show that:

• You are a victim of domestic violence or abuse: This can include physical violence, threats of violence, emotional or psychological abuse, harassment, or intimidation.

To be granted an Occupation Order the criteria to secure the order is more stringent than that for a Non-Molestation Order and you will need to show that:

• There is a risk of significant harm to you from the perpetrator. You must demonstrate that you are in fear of being harmed, or that you (and/or your children) have already been harmed or are at risk of being harmed. The abuse doesn’t have to be physical; it can include verbal or emotional abuse, such as threats, controlling behaviour, or harassment. If the police have previously had to attend your property then this may assist your case, but it is not essential.

How Long Does It Take to Get a Non-Molestation Order and/or an Occupation Order?

The process for obtaining these orders can vary depending on the urgency of the situation, but generally, it follows these stages:

• In urgent cases, where there is an immediate risk of harm, the orders can be granted on the same day they are applied for. The process can, accordingly, move quickly if there is an immediate risk of harm to a victim or potential victim. The court can make these orders urgently without the alleged abuser even being present. It is however rare for the court to make an Occupation Order without the other party being present as this would mean removing someone from their home without hearing their version of events;

• Both types of order can be granted on an interim basis prior to a final hearing when both parties are present at court;

• The court can make a final Non-Molestation Order and/or an Occupation Order at the end of the case after a trial when both parties have given evidence.

What Happens if You Are Still Troubled by Your Spouse After Either or Both the Orders are Made?

If the Non-Molestation Order and/or Occupation Order has been granted but you are still troubled or harassed by your spouse:

• Breaching the Non-Molestation Order. If your spouse violates the Non-Molestation Order (e.g., by contacting you or engaging in behaviour the order prohibits), they can be arrested and face criminal charges. Breach of a Non-Molestation Order is a criminal offence, and the abuser could be fined or imprisoned.

• Unlike Non-Molestation Orders, breaching an Occupation Order is not presently a crime, but anyone who does breach its terms by, say, returning to the home could find themselves imprisoned or fined for contempt of court;

• Aside from the above remedies you should immediately contact the police and report it as a breach of the order.

To summarise, a Non-Molestation Order is a powerful legal tool because breaching its terms carries criminal consequences and an Occupation Order if granted can however, as we have discussed if you continue to be exposed to spouse’s or ex-partners inappropriate behaviour then the courts will take a very dim view of this. The safety of you (and your children in many instances) is the key priority, and our family law team are here to try and assist you every step of the way.

You may also want to consult with our family law team, as they can guide you on your legal options to ensure your safety.

Call us at Heald Solicitors on 01908 662277 and find out how we can help you.