Browse our Emergencies & Injunctions Services
One of the strengths of the Family Court is its ability to be flexible and to react to circumstances urgently. Therefore, if you are subjected to abusive behaviour, threats or harassment you can turn to the courts for help and get it quickly.
It is easy to identify if you are being threatened or physically and emotionally abused. Harassment however can take different forms and includes stalking or bombarding the other person with messages and calls or seeking to exercise control other another person’s life.
If you are subjected to any of this behaviour it should be reported to the Police because such conduct can amount to a criminal offence. Even if the Police do not treat it as such, or take any action against the perpetrator, they will keep a record of any incidents which are reported to them which can become very relevant at a later date.
There are two types of injunctions:
Non-Molestation Order
A non-molestation order is issued by the court and can be applied for by an ‘associated person’ which covers a wide range of relationships including husband, wife, civil partner or other relationships such as having parental responsibility for the same child.
The order specifically prohibits an individual from behaving in a certain way otherwise they risk being arrested by the police and can be charged for committing a criminal offence which can result in imprisonment and/or a fine. A non-molestation order can be granted with the built in Power of Arrest making it easier for police to act.
Examples of what a non-molestation order includes:
- being violent or threaten violence towards you or any children in your family, or harass, pester or intimidate you in any...
- come within a certain distance of your home
- damage or dispose of your belongings.
Occupation Order
The Family Law Act 1996 protects victims of domestic abuse and can be used to apply to the court for an occupation order which regulates the occupation of the family home. This type of order is usually only made in the most serious of cases as it can exclude someone from the home in which they are legally entitled to live.
Like non-molestation orders, you need to be an ‘associated person’ to apply for these orders. An occupation order can require someone to leave the property or even exclude someone from a defined area in which the property is located. The orders made by the court vary in the different circumstances.
The costs involved of getting a Non-Molestation or Occupation Order
No Court fee is payable if you need to apply for a non-molestation or Occupation Order. Legal Aid is also available for this type of work and has no upper income limit.
You will need to take legal advice and be represented in court if you need to get one of these orders. Our friendly and experienced team are on hand to help.
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