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If you find yourself facing violence, threats or intimidation from a spouse or partner, we can help you apply to the family court for an injunction to protect you and your children from harm. The most common family law injunctions are non-molestation orders and occupation orders.
If you find yourself facing violence, threats or intimidation from a spouse or partner, we can help you apply to the family court for an injunction to protect you and your children from harm. The most common family law injunctions are non-molestation orders and occupation orders.
A non-molestation order prohibits your partner or spouse from threatening violence against you or your children or intimidating, harassing, or pestering you. It applies to a range of relationships, including former and current spouses, civil partners, cohabitants, relatives, and people living in the same household. The order will contain specific details of the type of harassment you are experiencing.
A non-molestation order can last for a specified period or indefinitely. Breach of the order is a criminal offence and can lead to arrest.
An occupation order sets out who can live in the family home (or parts of it) and can also restrict someone from entering the area surrounding a house. It does not affect financial interests; it is simply about who can live there. You can apply for an occupation order if you are a former or current spouse, civil partner, cohabitant, or are entitled to live there as an owner or tenant.
When considering either a non-molestation order or an occupation order, it is possible to give undertakings, which are binding promises to the court, instead of having the court make an order. The difference is that breach of an undertaking is contempt of court, which can be punished by committal to prison, but it is not a criminal offence, and no power of arrest can be attached.
You must complete a court form and provide a witness statement describing what occurred for both orders. If your or any children's safety is at risk, you won't initially need to tell the other person you are making an application. When the court receives your application, it will fix a hearing to decide what should happen. Usually, the respondent will prepare a witness statement in response to yours.
If you cannot afford legal costs and have evidence of domestic abuse or violence affecting you or your children, you may qualify for legal aid.
To be eligible for legal aid based on domestic abuse, you must provide one piece of written evidence that you or your children have experienced, or are at risk of, domestic abuse or violence, including instances of financial control. Evidence can be obtained from various sources, such as the courts, police, social services, refuge managers, or domestic violence support services using sample letters provided by the government online.
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