A non-molestation order would prevent a partner, former partner , family member or someone you used to live with from harming you or your children. You can apply for such an order if you, or a child, are at risk of harm.
Once this order is made by the Court, it is a criminal offence to breach such an order and the police have the power to arrest someone who breaches the terms of the order.
In cases of emergency, you can apply for a non-molestation order without the other party knowing, and the Judge dealing with your application will decide whether or not to grant the order.
If you have received a non-molestation order and believe the order should not have been made, for example, if the order was based on false accusations, then you have the opportunity to ask the court to reconsider the making of the order.
An occupation order can be applied for to regulate the family home or surrounding area, such as determining whether or not one person should continue to live in the whole or part of the property.
The Judge hearing the application will apply a “Balance of Harm Test” in determining whether or not to grant an occupation order, and consider whether or not the applicant or any relevant child is likely to suffer harm attributable to the conduct of the other person if an order is not made.
The Judge will also consider “Core Criteria” such as the housing and financial resources of both parties, the likely effect on making such an order and the conduct of both parties.
At Betteridges we are experts in family law and are fully equipped to advise you in respect of non-molestation and occupation orders. We can help you with making urgent applications to the court for your protection, and we can advise you if you have been served with one of these orders.
Please do contact us today on 03331 212345 or firstname.lastname@example.org to receive expert legal advice on your situation.