Non-Molestation and Occupation Orders

Non-Molestation and Occupation Orders

Everyone expects, and has a right, to feel safe in their own home. However, if you are experiencing domestic abuse or coercive control, it is possible to apply for either a non-molestation or occupation order to provide you with essential legal protection.

At Tinsdills Solicitors, we understand just how daunting it can be to take the first steps towards applying for a court injunction. However, we also know that such steps are often essential for the safety of both you and your family.

As such, our family law solicitors will provide immediate support that is both sensitive and straightforward. With the guidance of our team, any injunctions you wish to enforce can be filed accurately and efficiently.

If you need urgent protection, our solicitors can also advise you on making an emergency injunction ‘without notice’.

For further information regarding our additional domestic abuse solicitors, please click here.

Please note that we do not deal with Legal Aid enquiries for any Family Law work.

To arrange an initial appointment with one of our court injunction solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.

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    Our Expertise with Non-Molestation and Occupation Orders

    A non-molestation order is a court injunction that can be used to protect you and your family from domestic abuse, such as threats, harassment, and violence. They can also be used to prevent someone from directly contacting you or contacting you via a third-party.

    Non-molestation orders detail exactly what a respondent (the person who the order applies to) is forbidden from doing. If a respondent breaches any of the terms of a non-molestation order, they are committing a criminal offence and could be arrested.

    Our solicitors can work alongside you to draft and submit a robust non-molestation order that is personalised to your situation and covers everything you need it to. Our team can also represent you during any court hearings that follow, reducing the stress of the situation as far as possible.

    An occupation order regulates who will be able to live in the family home. These orders can also be used to restrict an abuser from entering the family home, or the surrounding area.

    To apply for an occupation order, you do not need to own your home. It may be possible to get an occupation order if you rent or live in your home with the family member the order applies to.

    Our team can advise you in making an occupation order, guiding you through the application process so that it is well suited to your immediate needs.

    If you have applied for a non-molestation or occupation order, you may also wish to consider commencing divorce or dissolution proceedings at the same time. This is something our family law solicitors can help you with.

    From supporting you with the general process of getting a divorce or civil partnership dissolution, through to making arrangements for your finances and children, our team can help to make the process as straightforward and efficient as possible.

    Meet Our Dedicated Court Injunction Team

    “Heather was very informative and thorough, if I didn’t understand anything she kindly explained everything. She has been an amazing help and I want to thank her for everything she has assisted me with.”

    What Our Clients Say About Our Family Law Expertise

    Our central goal is to satisfy our client’s needs. Here’s just a few of them, in their own words, detailing how we do exactly that.

    “I have been going through a very messy divorce and Heather and Tinsdills have been my rock. Her advice has been invaluable and she has kept me from going in all gung ho in the divorce proceedings. I would highly recommend their services and I’m still using them for my ongoing issues.”

    “I was really pleased with my solicitor Karen with all the help and support she gave me regarding my situation. Would highly recommend.”

    Get in Touch With our Court Injunction Solicitors Today

    If you wish to discuss applying for a non-molestation or occupation order, or any other issues related to court injunctions, please get in touch with a member of our team.

    Our family law team will be available to guide you through every step of making an application, offering carefully tailored advice that is sensitive to your situation and the outcome you are looking to achieve.

    Initial appointments with our family law team are priced at £120. Please note we do not accept Legal Aid enquiries for any Family Law work.

    To arrange an appointment with one of our court injunction solicitors in Hanley, Leek, Newcastle-Under-Lyme or Sandbach, please call 01782 652300 or use the enquiry form on the right hand side of the page.

    Non-molestation and Occupation Order FAQs

    A court injunction is a legal order which orders someone to, or forbids them from take certain actions.

    Court injunctions are used across a number of legal services. Under the Family Law Act 1996, the two court injunctions that are most commonly used to protect someone from acts of domestic abuse and coercive control are non-molestation orders 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.

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