If you have suffered domestic abuse and require either or both a Non-Molestation Order and/or an Occupation Order please contact our Family Law Departament urgently on 02890-278227
What is a Non-Molestation Order?
A Non-Molestation Order is a court order that stops someone from using or threatening violence against you, or from harassing, intimidating, or pestering you. It also stops them from getting anyone else to do these things for them. It can protect your children too, ban contact by phone or social media, and keep the person away from your home, your street, or a wider area. It is time limited, for example, in can be in place for 6 months, one year or longer.
Who can I apply against?
You can apply against a current or former partner or spouse, a family member, someone you have lived with, or the other parent of your child. If the person isn’t connected to you in one of these ways, a different order may be available to you and we can advise you of this at your initial consultation.
Can I get them out of the house?
Yes. An Occupation Order decides who can live in the family home. It can be applied for at the same time as a Non-Molestation Order. We have extensive experience with cases under the Family Homes Order and can advise and represent you in respect to any further case arising from Non-Molestation Orders or Occupation Orders, for example, representation in cases involving children or removing a person’s name from a tenancy.
How quickly can I get protection?
In urgent cases, we can take your application to court on the same day as your first appointment. The court can make an emergency order without the other person being told in advance. The order takes effect once it has been served on them and in urgent cases this can often be done the same day with the Order being served by the police. A full hearing is then arranged, where both sides can be heard. The court will then decide whether the order should stay in place and for how long.
What happens at court?
Hearings are held in private. The judge will look at the evidence and decide whether to make an order, what it should say and how long it should last. You will need to make a written statement for the court. Other useful evidence can include police reports, medical records, photos, and screenshots of messages.
What if the order is broken?
Breaching a Non-Molestation Order is a criminal offence. Call the police, and they can arrest the person.
What if an order has been made against me?
You must obey it, even if you disagree with it. Contact us straight away. You will have the chance to challenge it in court, and we can represent you there. We have expertise and experience in successfully defending against these applications as well as resolving the case through what are known as ‘undertakings’ that if breached will not result in your arrest.
Is legal aid available?
Yes. If you are applying for an order, the usual financial limits can be waived, although a one-off contribution may be payable. If you are responding to an application, legal aid may be available depending on your circumstances.
Contact us today to arrange an appointment.
Our Family Law Department can be contacted on 028 9027 8227 or via the contact form on our website. If you are in immediate danger, call 999. The 24-hour Domestic and Sexual Abuse Helpline is available on 0808 802 1414.
