We want to help you fight for the peace of mind and security you and your family deserve.

If you are experiencing domestic abuse or harassment, it is important to know that there are a variety of legal options available to you. Different Court Orders are designed to protect you and any children involved and to ensure that you are able to live safely in your home. If you wish to apply for any of these or need advice on the ways in which the law can protect you, we will be happy to talk to you.

In some cases, the other party involved does not even have to be informed about the court action until the same has been granted to you. It is important to point out, however, that if you believe that you are in immediate danger, you should first contact the police.

Frequently asked questions

A Non-Molestation Order aims to protect you and/or any relevant children from abusive behaviour. It generally protects victims against actions such as harassment, violence, or threats. The specific terms of such an Order are drafted in accordance with the situation at hand.

This Order is enforced by the Court and can prevent the individual against whom it has been made from interfering with, molesting and threatening another person or from encouraging a third person to do so on their behalf.

Only individuals associated with the Respondent (the individual against whom the Order is made) can apply for a Non-Molestation Order. ‘Associated Persons’ include, but are not limited to: current, past, or intended spouses or civil partners, cohabitants, relatives, those with an intimate relationship of a significant duration, those with Parental Responsibility for a child and parents of a child.

While persons who fall outside of this category cannot obtain a Non-Molestation Order, there is always the possibility for them to be granted a Protection from Harassment Order.

Before granting a Non-Molestation Order, the Court tends to consider the Applicant’s wellbeing, safety and health, as well as that of any relevant children involved, so as to consider the effects of the abuse on them. Something which would not necessarily be abusive towards one person may be regarded as abusive towards another.

A Non-Molestation Order may state that the Respondent must not harass or intimidate the Applicant, contact the Applicant or relevant children, damage or attempt to damage relevant properties, or use or threaten violence towards the Applicant or any relevant children.

The Order might also determine spacial proximity allowed between the Respondent and the Applicant or any relevant children. In an instance where contact with relevant children has not been prohibited, the Order could have a clause allowing the Respondent to contact the Applicant directly (or through the Applicant’s solicitors) in order to decide on child contact issues.

A Non-Molestation Order could last a specific time or indefinitely, varying from case to case. Nevertheless, it tends to be the case that it lasts 6 months or 1 year.

Occupation Orders grant the Applicant the right to occupy a property or part of it. Payment responsibilities such as mortgage, rent and utility payment responsibilities can also be determined through such an Order.

The duration of Occupation Orders varies depending on the factors involved. In some instances, it could last a specified period until a particular event occurs, while in others it might last for a maximum of six months (but subject to renewal).

Similar to Non-Molestation Orders, only ‘Associated Persons’ are able to apply for an Occupation Order. When assessing whether an Occupation Order should be granted, the Court will consider where the balance of harm lies. This means that it will assess the harm present in excluding a person from a property compared to not doing so.

The Court will also analyse who, in the event that one of the two parties has to leave, would be most fundamentally affected in a negative way. It is likely that the party least able to rehouse themselves in the short term, either due to earnings or special needs, will be allowed to remain in the property.

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