What Are Non Molestation Orders and Occupation Orders?

What is Domestic Abuse?

Any person regardless of their age, gender or culture, can sadly be subjected to domestic abuse. In England and Wales there is currently no clear definition of domestic abuse however, it is recognised to cover more than just physical harm. Some examples are:

• Threats
• Harassment
• Stalking
• Controlling behaviours
• Intimidation
• Assault
• Rape
• Damage to property

This list is not exhaustive and there are many more forms of abuse recognised.

What orders can be made to stop the abuse?

If you are being subjected to these types of abuse, you can apply for an injunction from the Family Court to prevent this behaviour continuing.

There are two types of injunctions available to include a 'non-molestation order' and an 'occupation order'.

What is a Non-Molestation Order?

A non-molestation order prohibits a person from using or threatening to use violence against you or a relevant child. It can include very specific provisions depending on the harassment happening to you.

The person must be associated with you, under one of the following criteria:

• your spouse or cohabiting partner, a former spouse or cohabiting partner;
• someone you are or have been engaged to marry;
• people living in the same house as you (but excluding tenants, lodgers or employees);
• the parent of your child;
• a relative; or
• a person involved in the same Family Court proceedings as you.

What is an Occupation Order?

The other type of order available from the Family Court, is an occupation order. This order sets out who can enter and live in the family home (or parts of it). It can also exclude that person from coming within a certain distance of the home. It is important to note that this does not end someone’s financial interest within a property, only their ability to live in the same.

To apply for an occupation order you must:

• have a legal or contractual benefit in the property or a right to occupy.
• the property is or has been at some time the home of both parties and was intended to be their home.
• the parties must be ‘associated’ as set out above.

These are very serious orders, and the Family Court will consider all the circumstances including a balance of harm test considering the following:

• the housing needs and housing resources of each of the parties and of any relevant child;
• the financial resources of each of the parties;
• the likely effect of any order, or of any decision by the Court not to exercise its powers, on the health, safety or well-being of the parties and of any relevant child; and
• the conduct of the parties in relation to each other and otherwise.

How can an injunction be applied for?

To obtain either order, you must apply to the Court and file a statement detailing the abuse you have suffered and why you require protection from the Family Court. The Court will then list a hearing where they will consider whether to grant you the order.

If there is reason to believe you would be at risk by having the abuser made aware of your application, it may be advisable to ask the Court to deal with the order on an interim basis, without the other party being aware of the application. This is known as an ex-parte application and the abuser will be notified after the interim order is made and a further Court date will be listed where the Court can hear from both parties and decide whether the order should continue.

What happens at Court?

It may be that the abuser agrees for the order to remain in place or offers an undertaking to the Court (a formal promise) not to continue with the abuse. If so, the Family Court can finalise the matter at that hearing.

Alternatively, if the order is contested by the alleged abuser, there will need to be a further hearing where evidence is considered, so that the Judge can consider whether to grant the order or not.

The Court can ensure special measures are in place for you at Court so that you do not feel at risk. These can include separate wait rooms, separate exits and a room divider in the Court hearing, so that you cannot see each other.

How long do these Orders last?

The orders typically last for six - twelve months. These orders can be varied or extended, should the need arise.

How we can help

If you feel as though you need protection from an occupation or non-molestation order, you should seek legal advice as soon as possible.

It is the sad circumstances that even when such an order is in place, the abuser continues that prohibited behaviour. If an abuser breaches an order, this can constitute a criminal offence punishable by fines and even imprisonment.

Additional resources

If you ever feel in a position of immediate risk of harm from someone, you should always contact the emergency services on 999. Should the police become involved, it may be that there is criminal protection available to you, as well as civil protection through the Family Court.

If you think you are in an abusive relationship and wish to seek further help and guidance, there are services out there that can help. You can contact the National Domestic Abuse Helpline on 0808 2000 247 and you can also seek guidance and mental health support from your registered GP.