MCR

Non-Molestation and Occupation Orders

Non-molestation orders are court orders that protect you and your child from the harm or threats of domestic violence or abuse.

Request A Call Back From Our Immigration Experts

Non-Molestation and Occupation Orders

Non-molestation orders are court orders (injunctions) that protect you and your child from being threatened or hurt by the abuser. A civil order is one that a victim of domestic abuse can obtain from a Judge or Magistrates through the Family Court.

Injunctions are court orders that specify what a person should or shouldn't do. Injunctions are usually sought against spouses, husbands, or partners in family law.

We may be able to apply for an injunction against someone in your family or with whom you have been intimately involved, who has used violence to you. You may also be eligible for protection for your child.

An emergency injunction refers to a description of a court order without notice/ex parte. It means that the person against whom you are applying will not know about the injunction until it has been served.

The Family Law Act 1996 allows for two types of injunctions:

Non-Molestation Orders

Non-molestation orders are court orders (injunctions) that protect you and your child from being threatened or hurt by the abuser. A civil order is one that a victim of domestic abuse can obtain from a Judge or Magistrates through the Family Court.

Who can apply for a Non-Molestation Ordinance?

If a person has been subject to violence, abuse, or threatening behavior by another person who is an “associated person”, he/she can apply for a non-molestation warrant. A relative, or someone with whom you have shared a close personal relationship. This applies regardless of whether you are married or cohabited. This is defined by s.62(3), Family Law Act 1996. It covers all relationships including:

  • Former and current partners
  • Family relations (including in-laws)
  • People who live together
  • People who have children with their partner

You can either apply on your behalf or for a child. It is often helpful to send a letter to the Respondent before any court proceedings can be started. This is called a “letter before action”.

What is Domestic Violence and Abuse?

Domestic violence refers to any act of violence, threatening behavior, or abuse that occurs between adult partners, family members, or intimate partners, and is not discriminatory of gender or sexuality. A person who is 18 years old or older is considered an adult.

The following are family members, regardless of whether they are directly related, in-laws, or step-family:

  • Mother
  • Father
  • Son
  • Daughter
  • Brother
  • Sister,
  • grandparents.

A person is considered to be injured if they are subject to the actions or omissions of another. Domestic abuse can take the form of financial, emotional and psychological abuse. As they don’t know how to get help, many people feel ashamed to speak out about the abuse they are experiencing. Many domestic violence victims don’t realize they are being victim to some type of abuse.

What Non-Molestation Orders Protect You?

A non-molestation ordonnance usually prohibits abusers from:

  • Threatening or using physical violence
  • Intimidating or harassing others.
  • If necessary, communicating with you
  • Encouraging or instructing others
  • You cannot enter the restricted area, e.g. You are prohibited from entering the restricted zone within a specified distance of the victim’s residence/workplace/place of study/child’s school, etc. (zonal restrictions)

How do I apply for a Non-Molestation Ordonnance?

If you have been a victim of domestic violence, you can apply for a non-molestation (injunction). Application form FL401 is required to apply for a non-molestation orphanage. If you wish to keep your telephone number and address private, you can use the form C8. A detailed witness statement detailing what happened should be submitted to the court asking for a non-molestation warrant. The person applying to an order is called the “applicant” and the person against whom orders will be sought are known as the “respondent”.

The application for a non-molestation order does not require payment of a court fee

Occupation Orders

An occupation order states that you must either leave your home or allow you to return if you are already there. Or, you can only occupy certain areas of the house. The circumstances of your case will determine the duration of the order. The court will issue different orders depending upon what rights you have to property, such as whether you are an owner-occupier or a lodger. It also depends on the relationship between you (the Respondent) and the other person. It will also consider any children’s needs.

 

An occupation order can restrict who can live in the family house and prevent your abusers from entering the area. You may apply for an occupation or separation order if you feel unsafe living with your partner or have been a victim to violence and want to return home to your abuser.

What relief can the applicant seek from The Court under The Occupation Order

An Applicant can apply to the Court, depending on the relationship between them:

  • To enforce the Applicant’s rights to remain in their home
  • To require the Respondent that the Applicant be allowed to enter the home and stay there
  • To regulate who can use which parts or times of the house.
  • To prohibit, suspend, or limit the Respondent’s right to occupy the home (and in some cases, to terminate these rights).
  • To require the Respondent’s departure from the home or part thereof
  • To exclude the Respondent if they are located more than a certain distance from the home.

What factors will the court consider when making an occupation order?

The following factors may be considered by the Court when deciding whether to issue an order:

  • The housing needs and housing resources for each party and any child involved
  • The likely impact of the Order/not making an order on the health, safety and wellbeing of the
  • Parties and any child relevant
  • The conduct of the parties

What Occupation Order Protections You?

A family home is controlled by an occupation order, such as:

  • Suspended rights to occupy and visit
  • Evacuating an abuser from your home
  • Preventing abusers from returning
  • 100-meter protection around your home

What can we do to help?

  1. Our team will ask you for a complete statement at your first appointment. We will ask you for a detailed history of your relationship as well as details about any recent incidents between you and the Respondent. Our family law solicitors might ask for your written authorization, such as to write to your doctor or hospital for a report.
  2. Preparation and filing of documents – Our team of family solicitors will prepare your application along with a statement that outlines all relevant facts. Our family law solicitors might also request that witnesses be present to make statements. This is so that additional affidavits and swearing can be done by them. We will then take the application to court and set a hearing date. This will likely take place about a week before, unless you have an urgent case that requires a hearing the same day.

What are our charges?

The fee table below shows the fixed fees we charge for non-molestation orders and/or occupation orders.

After we have thoroughly assessed the matter and taken into account all relevant factors, we will provide a fixed fee.

Our fixed fees do NOT cover third-party fees such as court fees or Barrister’s fees.

We can also assist you on an hourly basis if you don’t want to pay a fixed fee. Our hourly rates range from PS200 + VAT to PP300 + VAT depending on the complexity of your matter.

Reviews