If you require assistance to protect yourself or your children from physical or emotional harm, or you require an order to live in the family home without the threat of harm from your partner, then you may require a non-molestation or occupation order.
You do not have to be married or in a civil partnership to apply for either of these.
Non-Molestation Order
A Non-Molestation Order is designed to prevent domestic abuse from happening. The definition of domestic abuse is wide and includes:
- Physical violence
- Psychological abuse
- Sexual abuse
- Emotional abuse
- Economic/financial abuse
- Coercive control
A non-molestation order can prevent your partner from threatening violence against you or harassing, pestering and intimidating you. You may also need an order to prevent your partner from sharing private information or making defamatory comments about you online.
The terms of the order will depend on the situation. The court will look at all the circumstances of your case, including whether an order is necessary to secure your health, safety and wellbeing and that of any child. A non-molestation order can be made in respect of your child too if they are at risk of harm.
When you make an application, you will need to write a statement for the court. This will include details of the incident(s) that have led you to believe that an order is required and may require supporting evidence such as photographs or copies of text messages.
If, without reasonable excuse, your partner does anything which they are forbidden from doing by a non-molestation order then they will be committing a criminal offence and may be imprisoned or fined or both.
Occupation Order
If you live with your partner and it is not safe for you or your children to continue to live in the family home with your partner then you may require an occupation order to exclude your partner from living there. You can apply for an occupation order even if you are not the legal owner of the property.