Injunctions (Non-Molestation Orders and Occupation Orders)
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- Injunctions (Non-Molestation Orders and Occupation Orders)
Should you need an Injunction against your former partner, it may need to be obtained urgently. Here at Bowcock Cuerden we understand the urgent nature of such applications, together with the stress and panic you can feel during this difficult time. Our aim is to provide you with guidance and compassion throughout your Injunction application, whilst obtaining the protection you need.
Non-Molestation Orders
A Non-Molestation Order prohibits a person from using or threatening physical violence and other unwanted behaviour. This can include continued communications through a third party.
An application can be made against an ‘associated person’, as defined under the Family Law Act 1996. This will include your former partner, or someone that you share a child with. As this is usually an urgent application, the Court may list an urgent and without notice hearing, which enables you to obtain a Non-Molestation Order without the Respondent being notified. In this instance, the Court are satisfied that the threshold has been met for an Order to be made on a without notice basis. The matter will then be listed for a Return Hearing, whereby the Respondent will also attend to outline their position. This will include whether they accept the Order being made, or if they seek to challenge it. The matter will then be addressed at a Final Hearing to determine the application.
Should a Non-Molestation Order be made by the Court and subsequently breached by the Respondent, such breach would constitute an arrestable offence.
Occupation Orders
An Occupation Order is an order made by the Court which identifies who is entitled to reside in a property. The Order can exclude an individual from a property, should such be deemed necessary. This order is usually made when domestic abuse is ongoing, and one party seeks security in their home. The order will be made on the basis that the Applicant has the legal right to occupy the property.
An application can be made against an ‘associated person’, as defined under the Family Law Act 1996. An Occupation Order is only a short-term solution and does not impact what happens to your property in a final settlement.
Should you wish to discuss obtaining an Injunction, or if you need urgent advice, give our expert team a call on 01270 611106 or 07518 512985 for a confidential consultation.
Key Contacts
Call us on 01270 611106 or click on the email links below:
Susannah Taylor – Associate Solicitor
Claudia Price – Solicitor and Head of the Family Team
