Non-Molestation and Occupation Orders
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This Guide deals with the remedies available under the civil and criminal law for domestic violence. The forms for making an application for an order are provided together with an example of the supporting evidence required.
Applications for Non-Molestation and Occupation Orders
There are basically two kinds of protection Orders which the court can make. Non-molestation and occupation orders. They can be, and often are, combined. Their purpose is to protect the applicant and any children from harm and being family proceedings the court is free to make any other order required of its own volition.
Application is made on Form FL401
Non molestation orders.
These have the effect of ordering your spouse or partner not to assault you and not to molest, harass or otherwise interfere with you. The order will apply to your partners own actions and the actions of anyone acting under his or her direction.
Molestation is defined as including just about any form of unpleasant harassment. In cases where there has been violence in the past towards the children, or threats of violence to them, the order will extend to and apply to the named children.
Unlike occupation orders, there is no time limit to the duration of a non-molestation order. It can and often will be made to last until further order.
When making non-molestation orders the Court concentrates on the protection of the victim rather than fairness to the perpetrator of the violence.
CONTENTS
What is Domestic Violence 1
Domestic Violence remedies. 2
Applications for Non-Molestation and Occupation Orders 2
Non molestation orders. 2
Who can apply for a non-molestation order? 3
Occupation Orders. 3
Who can apply for an occupation order? 4
Section 33 applications for couples each with a legal right of occupation. 5
Section 36 applications where the applicant does not have a legal right of occupation. 6
Section 38 applications where neither party has a right of occupation. 7
Making the Application 8
Powers of arrest. 10
Homeliness. 10
Example Statement in support 10
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