Domestic Abuse, Occupation Orders and Non-Molestation Applications

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Experienced Family Solicitors Supporting Clients Facing Domestic Abuse in Kent

If you or your children are experiencing any form of domestic abuse, it’s important to feel that you have someone on your side, and to know that you have legal options.

Our specialist family law solicitors in Kent support individuals and families across Kent from our offices in Canterbury, Maidstone, Ramsgate and Tenterden. We also have an office in Canary Wharf, London, ensuring expert legal advice is available when you need it most.

It remains common for people to feel that there are taboos around discussing domestic abuse, and our family lawyers are sensitive to the emotional impact of the situation.

Our experienced domestic abuse solicitors in Kent provide urgent support for individuals seeking protection from abuse, harassment, coercive control, stalking and intimidation – quickly, confidentially, and with care.

We regularly assist clients with non-molestation orders, occupation orders, emergency injunctions and urgent court applications, helping them take swift legal action to secure their safety and peace of mind.

For legal protection and advice, contact our domestic abuse lawyers today.

IMPORTANT: If you’re in immediate danger, call 999.

Please note that we do not offer a Legal Aid service.

Understanding Domestic Abuse & Legal Protection

Watch our family law team discuss legal protections, support options and practical next steps for those experiencing domestic abuse.

Signs Of Domestic Abuse

Many people associate domestic abuse with physical violence, but abuse can take many forms, including:

  • Coercive and controlling behaviour
  • Emotional or psychological abuse
  • Financial abuse
  • Threats and intimidation
  • Harassment and stalking
  • Digital abuse and monitoring
  • Physical or sexual abuse

If you are unsure whether what you are experiencing amounts to domestic abuse, our domestic abuse solicitors can provide confidential advice about your legal options.

Emergency Court Applications For Domestic Abuse

Where there is an immediate risk of harm, it may be possible to make an emergency application to the Family Court without notifying the other party beforehand.

Known as a “without notice” application, this allows the court to consider urgent protective measures before the other person becomes aware of the proceedings.

Our domestic abuse solicitors can assess whether an emergency family court order is appropriate and help you obtain protection as quickly as possible.

What Is a Non-Molestation Order?

A non-molestation order is a type of injunction under the Family Law Act 1996 that protects you and your children from harassment, threats, or abuse by someone you are closely connected to – such as a current or former partner, spouse, or family member.

This court order can:

  • Prohibit the abuser from contacting you directly or indirectly
  • Prevent them from coming near your home, workplace, or children’s school
  • Make it a criminal offence to breach the order

Applications can be made urgently, often within 24 hours, and in some cases without the abuser being notified in advance.

What Is an Occupation Order?

An occupation order determines who can live in your family home or enter the surrounding area. It can:

  • Require the abuser to leave the property
  • Prevent them from returning or entering certain areas
  • Assign responsibility for rent or mortgage payments
  • Temporarily transfer tenancy or occupancy rights

This order is especially important if you need to remain in your home for the safety and stability of your children.

Domestic Abuse Injunctions

A non-molestation order and occupation order are both forms of injunction available through the Family Court.

These injunctions are designed to protect individuals and children from harm, harassment and intimidation. Depending on the circumstances, the court may grant one order or both together to provide the level of protection required.

Our family law team can advise which type of injunction is most appropriate for your situation and help you prepare the evidence needed to support your application.

Who Can Apply For A Non-Molestation Order Or Occupation Order?

You may be eligible to apply for a non-molestation or occupation order if:

  • You are or were married or in a civil partnership with the abuser
  • You have lived together as a couple
  • You share parental responsibility for a child
  • You are related
  • You have had an intimate personal relationship

Children can also be protected under these orders, and in some cases, young people aged 16 or 17 can apply in their own right.

What Happens When You Apply For A Non-Molestation Order Or Occupation Order?

Once your application is submitted, depending on the circumstances the court may issue a temporary order immediately.

A full hearing will be scheduled, where both of you can present your case. If granted, the order typically lasts 6-12 months and can be renewed. Breaching a non-molestation order is a criminal offence that can result in imprisonment.

In emergency situations, the court can issue an order without notifying the other person first. However, they will be informed once the order is made and will have the opportunity to attend a future hearing to put their side of events to the court. We can request safety measures in court to keep you separate from them during proceedings.

What Should You Do If You Are Experiencing Domestic Abuse?

If you believe you or your children are at risk:

  • Contact the police immediately if there is an emergency
  • Keep records of incidents where it is safe to do so
  • Seek medical attention if required
  • Speak to a trusted friend, family member or support organisation
  • Obtain legal advice as soon as possible regarding protective orders

Early legal advice can help you understand your rights and secure protection before a situation escalates.

How Our Family Lawyers Can Help

Our domestic abuse lawyers offer:

  • Urgent legal advice and same-day appointments where necessary
  • Preparation of your application and supporting statement
  • Representation at court hearings
  • Ongoing support with related matters such as child arrangements, divorce proceedings and associated financial arrangement

We understand how difficult it can be to take steps towards protecting yourself and any children involved from abuse at the hands of someone you have been close to. Many people struggle with the emotional impact, and it’s quite common to self-blame, especially where children are involved. Our team works with discretion and empathy. We are not here to judge – our focus is on your safety and on putting in place the legal protection you need.

We are unable to offer Legal Aid, but can help by signposting you to other firms if legal aid is required.

Frequently Asked Questions

Yes. In some emergency situations the court can make a temporary order without notifying the other party first.

Evidence can include messages, emails, photographs, police reports, medical records or witness statements. Every case is different.

Yes. The court can order someone to leave the property or prevent them from returning where it is necessary for the safety of those involved.

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