Non-molestation Orders
A non-molestation order is a family court injunction intended to protect a person, and where appropriate a child, from abusive or threatening behaviour. Depending on the circumstances, it can prohibit the other person from threatening or using violence, harassing or intimidating you, contacting you or approaching specified places.
Eligibility depends on your legal relationship with the other person. The Family Law Act 1996 covers a range of family, former partner, cohabitation and parental relationships. We can advise whether your relationship falls within the rules and whether an application may be appropriate.
Where protection is needed urgently, the court can in some circumstances consider an application without giving the other person advance notice. This is known as a without-notice application. If an order is made in this way, the court will usually arrange a further hearing at which the other person has an opportunity to respond.
The court will consider the evidence supporting the application and the reasons protection is needed. Evidence can include your own written account together with material such as messages, emails, photographs, police information or medical evidence where available. You do not need to have every type of evidence before seeking advice.
Breaching a non-molestation order without reasonable excuse can amount to a criminal offence. The respondent must also be made aware of the order so that it can be enforced appropriately.
We can advise whether a non-molestation order may be suitable, prepare the application and supporting evidence, and represent you during the proceedings where needed.
Occupation Orders
An occupation order regulates who can live in, enter or use a home connected with a family relationship. Depending on the circumstances, it may determine which parts of a property each person can use or require one person to leave.
It is different from a non-molestation order. A non-molestation order is principally concerned with protection from abusive behaviour, while an occupation order deals with occupation of the home. In some circumstances, applications for both orders may be appropriate.
Whether the court can make an occupation order, and the test it applies, depends partly on the applicant’s legal rights in relation to the property. The court can consider factors including each person’s housing needs and resources, their financial circumstances, the likely effect of an order on each person and any relevant child, and the parties’ conduct.
In some cases, the court must also consider the balance of harm. Broadly, this involves comparing the likely harm to the applicant or a relevant child if an order is not made with the harm that making the order may cause to the other person or a relevant child.
You do not necessarily have to leave the property before applying. Leaving temporarily for safety does not by itself mean that you give up ownership rights or a legal entitlement to occupy the home, although your position will depend on matters including ownership, tenancy arrangements and your relationship with the other person.
The procedure will depend on the order sought, whether the application is urgent and whether the other person contests it. We can explain how the rules apply to your home and advise on the orders that may be available.
