Non-Molestation Orders
Purpose and Scope
Non-Molestation Orders are designed to protect individuals from domestic abuse, violence, or harassment. They can prohibit the abuser from:
- Using or threatening physical violence
- Intimidating, harassing, or pestering the victim
- Communicating with the victim
- Going to specific places, such as the victim’s home or workplace
Who can apply
- Current or former spouses or civil partners
- Cohabitants or former cohabitants
- Relatives
- Those who have had an intimate personal relationship of significant duration
Application process
1. File an application with the family court, usually with Form FL401.
2. Provide a witness statement detailing the abuse and why the order is necessary.
3. In emergencies, the order can be made “ex parte” (without notifying the abuser).
4. Otherwise, a hearing will be scheduled where both parties can present their case.
Duration and enforcement:
– Typically lasts 6-12 months but can be renewed.
– Breaching a non-molestation order is a criminal offence, punishable by up to 5 years in prison.
Occupation Orders
Purpose and Scope
Occupation orders regulate who can live in the family home or enter the surrounding area. They can:
- Exclude an abuser from the home
- Restrict the abuser to certain parts of the home
- Regulate the use of shared facilities in the home
- Require the abuser to continue paying rent or mortgage
Who can apply
- Those with a legal right to occupy the home (e.g., owners, tenants)
- Spouses or civil partners without a legal right to occupy
- Former spouses or civil partners in certain circumstances
- Cohabitants or former cohabitants
Application process:
1. File an application with the family court, usually alongside a non-molestation order application.
2. Provide evidence of entitlement to occupy and reasons for needing the order.
3. The court will consider factors such as:
– Housing needs and resources of both parties and any children
– Financial resources of both parties
– Likely effect on health, safety, or well-being of the parties and any children
– Conduct of the parties
Duration and enforcement:
– Can last for 6-12 months and may be renewed.
– Breaching an occupation order can lead to arrest and potential imprisonment.
Key differences
- Non-molestation orders focus on preventing abusive behaviour, while occupation orders deal specifically with living arrangements.
- Occupation orders can be more difficult to obtain as they directly affect property rights.
- Courts often grant non-molestation orders more readily in emergency situations.
Both types of orders can be crucial in providing immediate and longer-term protection for victims of domestic abuse. They’re often used in combination to provide comprehensive protection. It’s important to note that while these orders provide legal protection, victims should also consider practical safety planning measures in conjunction with local support services.
If you would like more information on these Orders, please contact Sarah Lightfoot-Webber, our Domestic Abuse specialist, on 01489 774821 or sarah.lightfoot-webber@ericrobinson.co.uk for a free, informal and confidential appointment.
