Non-Molestation/Occupation Orders

According to statistics from HMIC, the police in England and Wales receive over 100 calls relating to domestic abuse every hour.  The breakdown in any form of relationship be it an intimate, family relationship or someone that you are living with can be extremely difficult and can at times lead to incidents of violence or verbal abuse.   The courts have powers to assist victims of domestic violence to protect them and their children from any forms of further abuse.  These are called Non-Molestation/Occupation Orders. 

What are Non-Molestation/Occupation Orders?

Non-Molestation/Occupation Orders are court orders put in place to help victims of domestic abuse feel safe in their homes. 

A Non-Molestation Order stops the Respondent from harassing, pestering, intimidating, using violence or threatening to use violence against you.  This Order can also be extended to stop them carrying out any of these acts towards your children.

An Occupation Order stops the Respondent from coming within a certain distance from your home.  If the Respondent has a right to live in the home with you, we will always advise you to apply for an Occupation Order together with a Non-Molestation Order. 

Who can apply for a Non-Molestation/Occupation Order?

If you are a victims of domestic violence be it physical or verbal abuse and the abuser is either: your partner, your ex-partner, a member of your family and someone you are/have lived with, you are able to apply for a Non-Molestation Order. 

How do I apply for a Non-Molestation/Occupation Order?

If you believe that you have grounds to apply for a Non-Molestation Order, Hayman Solicitors offers a free 30-minute initial appointment.  During this appointment, we will take down details of the abuse that you have suffered and advise you as to whether we believe that the court would grant you a Non-Molestation/Occupation Order. 

Once you have instructed Hayman Solicitors to assist you in this matter, we would begin by filing in an application form (FL401) together with a witness statement in which we would detail all of the abuse suffered and ask the court to grant you a Non-Molestation Order and/or Occupation Order.  The papers would then be sent to court and served on the person you have named as the Respondent.  The court would then issue a date to hear the application.  This would mean that you would have to attend court.  The judge would hear the application and at the end of the hearing, they would either: ask the Respondent to make a promise to the court not to act in the same way, ask you to provide more information and attend further hearings or issue an order against the Respondent.

What do I do if I need a Non-Molestation/Occupation Order urgently?

If you feel that you are in imminent danger, our first advice must be that you contact the police regarding the Respondent’s actions. 

We are able to apply to the court for emergency Non-Molestation and/or Occupation Orders, if you feel that you require protection immediately.  The application process is the same, however, you do not have to tell the Respondent of your application.  The court will list a hearing that you must attend and if they feel that you are in imminent danger, they may issue an Order. As the Respondent will not have had notice of hearing, they will list another hearing in which the Respondent may attend and give evidence as to why they believe that the Order does not need to be in place.

At Hayman Solicitors we offer a free 30-minute consultation on all matters arising from the breakdown of a relationship.  Please call 01483 600 900 to book an appointment to meet with one of our team.