Domestic Violence Issues – Non Molestation and Occupation Orders
What can be done when you are a victim of domestic violence?
Here at Curran Bowles Family Law, we have extensive experience of assisting victims of domestic violence; we can ensure that you get the right advice to protect you if you are in an abusive relationship.
We can advise you if an application can be made for a Non Molestation Order and/ or Exclusion Order, as well as an Occupation Order that determines who can stay in the family home where there is abusive behaviour.
What is a Non-Molestation Order?
This is an Order which prevents a person from harassing/ pestering or otherwise abusing the applicant, or a relevant child.
This includes using violence, threats, pestering, harassing and intimidation as well as inciting or assisting another person to do so.
Who can apply for a Non Molestation Order?
If you are an ‘associated person’ you can apply for this type of order.
You are associated if you are or have been married or in a civil partnership, if you are or have been living together or lived in the same household, if you are related to each other, or share children together.
If you do not fall in to any of these categories of ‘associated persons’ you cannot apply for a Non Molestation Order, but other legal remedies may be available to you such as a applying for a Protection from Harassment Order.
What is an Occupation Order ?
This is an order which regulates rights to a family home and orders can be made to remove an abusive person from their property, or part of their property, in certain circumstances.
What issues will the Court consider before making an Order?
We will advise you of what the court needs to take in to account in such an application. The court needs to consider whether an emergency order is appropriate or not. We can advise you of the likely outcome once we know the facts about your case.
If you are a victim of domestic violence or need advice in relation to any of the issues raised get in touch with one of specialist family law team on email@example.com or ring our offices on 02897512722 to discuss your situation in confidence.