Apply for Non-Molestation or Occupation Order

A non-molestation order is a court order (injunction) that protects you or your child from being harmed or threatened by the person who has abused you. It is a civil order obtained by a victim of domestic abuse from a Judge (or Magistrate) through the Family Court.

An injunction is a court order that a named person should or should not do something. Usually, in family law, people want injunctions against a husband, wife or partner. However, we may be able to apply for an order against anyone in your family, or with whom you have had a close relationship, who has used violence against you. You can also seek protection for your child.

An emergency injunction is an informal description for a court order made without notice/ex parte – it means the person you are applying against will not be aware of the injunction until it is served on him/her.

How to apply for Non-Molestation order?

You can apply for a non-molestation order (injunction) if you’ve been the victim of domestic violence. A non-molestation order is applied using application form FL401. You can use form C8 if you want to keep your address and telephone number private. You should also submit a detailed witness statement telling the court what has happened and asking for the non-molestation order. The person applying for an order is referred to as the ‘applicant’ and the person against whom orders are sought is known as the ‘respondent’.

Occupation orders

An occupation order is an order that someone must leave the home where you live, or allow you to return there if you have already left, or is only allowed to occupy certain parts of the home. The duration of the order depends upon the circumstances of your case. The court will make different orders depending on what rights you have to the property - for example, whether you are a lodger or an owner-occupier - and the relationship between you and the other person, known as the Respondent. It will also consider the needs of any children.

An occupation order regulates who can live in the family home and can also restrict your abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you may want to apply for an occupation order.

How can we help?

1. Taking your statement - At the first appointment, our team will take a full statement from you. We will need to take a history of your relationship and details of recent incidents between the Respondent and yourself. Our team of family law solicitors may ask you for your written authority, for example, to write to your doctor, the hospital or the police for a report.
2. Preparation of documents - Our expert team of family law solicitors will prepare your application, along with a statement, setting out all the relevant facts of your case. If there are witnesses, our team of family law solicitors may also wish to see them take statements so that further affidavits can be prepared and sworn by them. The application will then be taken by us to the court and a hearing date fixed. This is likely to be about a week ahead unless your case is so urgent that a hearing the same day is required.