How Can I Protect Myself and My Children from Abuse?

Released On 28th Jan 2024

What is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction that aims to protect you or your children from various kinds of unwanted, harassing, and abusive behaviours that are being perpetuated by a:

· spouse / ex-spouse

· family member

· someone you live with / used to live with

Furthermore, a Non-Molestation Order can prevent a person from coming within a certain distance of you, your home, your place of work, or from contacting you via a third party.

How Can I Get a Non-Molestation Order?

The applicant will need to complete form FL401, a witness statement in support of their application and collate as much evidence of the abusive behaviour as possible. For example:

· take pictures of injuries they have caused

· take pictures of damage to property they have caused

· take copies of police reports pertaining to their behaviour

· request letters from your GP about how their behaviour has impacted you

What Happens if a Non-Molestation Order is breached?

If an individual breaches the provisions contained in a Non-Molestation Order, then they will have committed a criminal offence. The Court can utilise various methods of enforcement to punish the offending individual. For example, the individual may be imprisoned for a period of up to five years, ordered to pay a fine, or both.

What is an Occupation Order?

An Occupation order is a type of injunction that aims to control and regulate the family home. An Occupation Order can enforce your right to remain in the family home, prohibit/suspend/restrict occupation of the family home or enforce vacation of the family home.

How Can I Get an Occupation Order?

The process of obtaining an Occupation Order is like the process of obtaining a Non-Molestation Order. The Court will try to balance the harm suffered by the Applicant if the Occupation Order is not granted and the harm suffered by the Respondent if the Occupation Order is granted. The Court considers Occupation Orders to be a draconian remedy and so it will only grant them in exceptional circumstances.

What Happens if an Occupation Order is breached?

The Court can attach a power of arrest to any provisions contained in an Occupation Order. If an individual breaches a provision that has a power of arrest attached, then they will have committed a criminal offence. The Court can utilise various methods of enforcement to punish the offending individual. For example, the individual may be imprisoned for a period of up to two years, ordered to pay a fine, or both.