Domestic Abuse, Occupation Orders and Non-Molestation Applications

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Experienced Family Solcitiors Supporting Clients Facing Domestic Abuse

If you or your children are experiencing any form of domestic abuse – from violence to financial abuse or coercive control – it’s important to feel that you have someone on your side, and to know that you have legal options. 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 family law solicitors provide urgent, compassionate support for individuals seeking protection through non-molestation orders and occupation orders, helping clients take swift legal action to secure their safety and peace of mind.

For legal protection and advice, contact our domestic abuse lawyers today. We’ll help you apply for a non-molestation order, occupation order, or both—quickly, confidentially, and with care.

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

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.

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 If I Am Worried About Stalking Or Other Forms Of Harassment?

Applications can also be made under the Protection from Harassment Act 1997. This makes stalking a criminal offence but applications for orders can also be made through the civil courts for a similar degree of protection. Whilst claims under the act are unusual in most domestic situations, it does provide further protections which your lawyer may discuss with you if appropriate.

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.

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.

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