Non-Molestation and Occupation Orders

To be eligible to make a non-molestation or occupation order, you must be an ‘associated person’.

This means that you must be related or associated with the abuser in one of the following ways:

• Are married or were ever married or engaged to be married
• Are or ever were in a civil partnership or agreed to form a civil partnership
• Are or were living together (cohabiting)
• Live in the same household (for example, a flat share)
• Are related (by blood, marriage, civil partnership or cohabitation)
• Have a child together
• Have or had parental responsibility for the child
• Are or were in an intimate relationship for a significant period

Non-molestation and occupation orders are usually made for a fixed period of time. Often the initial order will last anywhere from 6 to 12 months, but both types of orders can be extended as necessary.

There is no time limit on the length of time that a non-molestation order can be extended for. Occupation orders can only be extended beyond 12 months if you have the legal right to stay in the home (e.g. if you are an owner or co-owner)

For a court injunction application to be accepted, you will need to attend a court hearing. In some cases, it may be possible to obtain immediate protection via an emergency application. An application can be made to the court on the same day, without the abuser being notified.

If the court grants an order ‘without notice’, you will need to return to court at a later date to attend a formal hearing.

There are no court fees for filing a non-molestation order or occupation order. We can discuss our legal fees for supporting you with an application during an initial consultation.

Initial meetings are priced at £75.