INJUNCTIONS

The two main types of domestic violence injunctions are:

A Non-Molestation Order prohibits a person subject to the Order ‘molesting’ the person who applied and was granted the Order. Related children are also protected.

Examples of ‘molestation’ are:

• acts or threats of violence

• abusive language or messages

• stalking

• coercive control

If the Court grants a Non-molestation Order, it normally remains in force for six to twelve months.

Our Solicitors can help you apply for a Non-molestation Order from the Court. If your ex-partner has breached their Non-molestation Order against you, we can provide fast, accurate advice on what to do next.

An Occupation Order is a Court Order setting out who has the right to live in a home or any part of it. The Court can also set out who pays the rent or mortgage and maintenance costs related to the property.

The Court will apply two tests when deciding whether to grant an Occupation Order, namely:

• the balance of harm test, and

• core criteria test

These tests will consider factors such as the housing needs and financial resources of the parties, the needs of any children, and the conduct of the parties.

It is vital to have experienced legal representation when applying for an Occupation Order, as the Court will only grant them in exceptional circumstances. We have a strong track record of obtaining Occupation Orders for our clients and you can be confident that by instructing us, a robust case will be put forward to the Court in your favour.