Non-Molestation & Occupation Orders

Non-molestation Orders and Occupation Orders are two basic types of injunctions the court can make under the Family Law Act 1996. It helps to protect individuals from domestic abuse and to regulate the occupation of the family home during relationship breakdowns.

These orders are part of the broader legal framework aimed at safeguarding victims and providing immediate relief from abusive situations.

If you need legal advice or help with the Non-Molestation & Occupation Orders, call our family law solicitors in Birmingham at 0121 771 2861 or fill in our contact form.

Non-Molestation Orders

A non-molestation order is a type of injunction aimed at preventing an individual from being harassed, threatened, or harmed by another person. These orders are typically sought in cases of domestic abuse and can offer protection to both the victim and their children.

Key features of non-molestation orders

• Protection from Abuse: The order prevents the abuser from using or threatening violence against the victim and any children involved.
• Prohibition of Specific Acts: It can prohibit specific behaviours, such as making threats, harassing, pestering, or communicating with the victim.
• Geographical Restrictions: It may include provisions that restrict the abuser from coming near the victim’s home or place of work.

Legal basis and application

• Who Can Apply: Victims of domestic abuse can apply for a non-molestation order if they are associated with the abuser (e.g., spouse, cohabitant, family member, or someone they have a close relationship with).
• Application Process: The application is made to the family court, and in urgent cases, an emergency order can be granted without the abuser being present (ex parte order).
• Duration: Non-molestation orders can be granted for a specified period or until further order by the court.

Consequences of breach

Breaching a non-molestation order is a criminal offence. The abuser can be arrested and prosecuted, leading to potential imprisonment or fines.

Occupation Orders

An occupation order regulates who can live in the family home or specific parts of it. It is intended to protect victims of domestic abuse by restricting the abuser's access to the home, thereby providing a safe living environment for the victim.

Key features of occupation orders

• Exclusive Occupation: The order can grant the victim exclusive rights to live in the home, excluding the abuser.
• Regulated Access: It may set terms under which the abuser can enter the home, if at all, and specify parts of the home they are prohibited from accessing.
• Temporary Arrangement: These orders are typically temporary, designed to provide immediate protection while longer-term arrangements are made.

Legal basis and application

• Who Can Apply: Similar to non-molestation orders, those eligible include spouses, cohabitants, family members, and individuals in close relationships with the abuser.
• Balancing Harm: The court balances the harm that would be caused to the applicant and any children if the order is not made, against the harm to the respondent if the order is made.
• Duration: Occupation orders can be set for a specified period or until a further court order is made.

Types of orders

• Declaratory Orders: Declare the applicant’s right to remain in occupation of the home.
• Regulatory Orders: Regulate the occupation of the home, potentially excluding the abuser or regulating their access.