Who Can Apply for These Orders

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The Family Court can grant Non-Molestation or Occupation Orders where the applicant and the respondent are considered “associated persons” under the Family Law Act 1996. This includes people who are or have been married, civil partners, engaged to be married, in an intimate relationship, or living together. It also includes parents of the same child, certain family members, or individuals involved in family proceedings relating to the same child.

 

These orders exist to provide protection within family or domestic relationships where abuse, harassment or intimidation has occurred.

 

 

Non-Molestation Orders

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A Non-Molestation Order is an injunction designed to protect someone from harassment, threats or abuse.

The court may grant this type of order where there has been violence, intimidation, harassment or controlling behaviour. A Non-Molestation Order can prevent a person from contacting the applicant, approaching their home, workplace or a child’s school, or engaging in behaviour that intimidates or harasses them.

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Breaching a Non-Molestation Order is a criminal offence. If the order is breached, the police have the power to arrest the person responsible.

 

 

Occupation Orders

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An Occupation Order deals with who can live in the family home. The court can make an order regulating who is allowed to occupy a property and, in some circumstances, require one person to leave the home. The court may also place restrictions on certain parts of the property or establish arrangements that allow one party to remain safely in the home. Occupation Orders are often used where safety is a concern or where it is necessary to create stability for someone remaining in the property.

 

 

When the Court May Grant These Orders

 

When deciding whether to grant a Non-Molestation Order or Occupation Order, the court considers whether protection is necessary and whether the applicant or any children may be at risk of harm. The court will look carefully at the circumstances of the relationship and the incidents that have taken place. This can include behaviour such as physical violence, threats, harassment, intimidation or controlling behaviour. The court will also consider the safety and wellbeing of any children involved, as well as the housing needs of both parties. In urgent situations the court may make an order without notice, meaning the respondent is not informed before the order is granted. This is usually done where there is an immediate risk of harm.

 

 

Evidence the Court May Consider

 

When making an application for a protective order, the court will consider the evidence available. This often includes a detailed statement from the applicant explaining the incidents that have taken place. The court may also consider police reports, medical records, messages or emails, photographs or other documentation that supports the account given. Information from safeguarding professionals or support services may also be taken into account where relevant.

 

 

Support From Domestic Abuse Services

 

Many individuals applying for protective orders receive support from Independent Domestic Violence Advisors (IDVAs) or specialist domestic abuse organisations. These services can provide emotional support, help with safety planning and guidance through the court process. They may also assist individuals attending court hearings or accessing other forms of specialist support.

 

 

How Long These Orders Last

 

Non-Molestation Orders are usually granted for a specific period of time, commonly between six and twelve months, although the court can make them for longer depending on the circumstances. If protection is still required, it is possible to apply to extend the order before it expires. In some cases the court may first grant an interim order to provide immediate protection until a further hearing can take place.

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Occupation Orders are usually made for a limited period and the court will consider the housing needs of both parties when deciding how long the order should remain in place. In some situations these orders can also be extended if necessary.

 

 

What Happens After an Order Is Granted

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Once the court grants a Non-Molestation Order or Occupation Order, the order must be formally served on the respondent. This means they must receive a copy of the order before it becomes enforceable.

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Non-Molestation Orders normally carry a power of arrest, meaning the police can arrest the respondent if the order is breached. Breaching a Non-Molestation Order is a criminal offence and can result in arrest, prosecution and possible imprisonment.

 

 

Seeking Help and Support

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If you are experiencing domestic abuse or feel unsafe, it is important to seek support as soon as possible. You may wish to speak with your GP, a domestic abuse support organisation, or a trusted support service. Organisations such as Women’s Aid and Refuge offer confidential advice and support for individuals experiencing domestic abuse. If you are in immediate danger, you should contact the police by calling 999.

 

 

Support With Court Applications

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Applying for a Non-Molestation Order or Occupation Order can feel daunting, particularly during an already stressful time. As a McKenzie Friend, I provide practical support to individuals who are representing themselves. This may include helping you prepare the FL401 application, organising supporting documents, drafting statements and preparing for hearings to help you approach the process with greater clarity and preparation.

 

 

If You Would Like to Talk Things Through

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If you are considering applying for a protective order or would like to understand the court process, you may find it helpful to talk through your situation in a calm and confidential setting.

I offer  a free initial introductory call where we can discuss your circumstances and consider the practical steps available to you.

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