Non-Molestation Orders

Domestic Abuse and Injunctions

In cases of domestic abuse, you have the option to pursue legal avenues to put an end to it and safeguard your well-being. It is crucial to take prompt legal action when faced with such situations. Domestic abuse includes various forms of harmful behaviour, including:

• Physical violence
• Psychological abuse
• Sexual abuse
• Emotional abuse
• Economic and financial abuse
• Coercive control

If you find yourself subjected to domestic abuse, you may seek a non-molestation order from the court to protect yourself and any children under your care.

We are here to guide you through the process and assist you in making an informed decision regarding the suitability of court orders, often referred to as injunctions, in your specific circumstances. Your safety and well-being are our utmost concern.

Non-Molestation Orders in the UK

A Non-Molestation Order is a legal tool designed to prevent a current or former partner or a relative from engaging in specific harmful actions towards you. These actions can include using or threatening violence, harassment, pestering, intimidation, or even any form of unwanted contact. The specific terms of the order will be tailored to your unique situation.

When pursuing a Non-Molestation Order, providing detailed and specific information about the incidents that have led you to seek this protection is crucial. Our dedicated solicitors will work closely with you to gather all necessary details, ensuring your case is thoroughly prepared. This may include gathering supporting evidence such as photographs or copies of text messages.

At Axis Solicitors Limited, your safety, health, and well-being, as well as that of any relevant child, are our top priorities. Considering all the circumstances, we will assess your case comprehensively to determine the necessity of obtaining a Non-Molestation Order. 

Trust us to guide you through this legal process with care and expertise, protecting your rights. Contact us today to discuss your situation and take the first step towards securing the protection you deserve.

Non-Molestation Orders Applications

A non-molestation order is a type of injunction that can protect you from domestic violence, harassment, intimidation, or threats from a former or current partner, spouse, or family member. If you have been a victim of domestic abuse, or you fear that you may be at risk, you can apply for a non-molestation order to stop the other party from contacting you, coming near you, or harming you in any way. A non-molestation order can also protect your children if they are involved.

Eligibility

To apply for a Non-Molestation Order in the UK, you must qualify as an ‘associated person’ under Section 62 (3) of the Family Law Act 1996. 

This includes individuals who:

• Are or were married to the abuser
• Are or were in a civil partnership with the abuser
• Are or were cohabiting with the abuser
• Live or have lived in the same household as the abuser (excluding employers, tenants, or lodgers)
• Are related to the abuser (including blood relations and relations by marriage, such as step-parents)
• Have agreed to marry (evidence required, such as an engagement ring)
• Have entered into a civil partnership agreement
• Have had an intimate personal relationship of significant duration (assessed on a case-by-case basis)

If you meet any of these criteria, you may apply for a Non-Molestation Order using form FL401. You will also need to submit a supporting statement detailing the domestic abuse incidents, starting with the most recent. Ideally, the most recent incident should have occurred in the previous two weeks of the application.

Applications must typically be submitted by 3:30 pm for same-day consideration. However, in urgent cases with a serious threat to life, we can apply for out-of-hours consideration.

The application can be made ‘ex-parte’, meaning an order can be issued without prior notification to the abuser or ‘the Respondent’. The Respondent will then be served with the order, and a return hearing will be scheduled for them to present their case.

Process

To issue a Non-Molestation Order in the UK against a partner or former partner, follow these steps:

• Consult a solicitor: Determine your eligibility to apply by discussing your circumstances with a solicitor who can guide you on the next steps.
• Complete the application form: Download and complete the form (form FL401 from GOV.UK), making two copies.
• Prepare your witness statement: Detail the incidents and request the appropriate order.
• Include a statement of truth: At the end of your witness statement, include the following statement: “I believe that the facts stated in this witness statement are true.” Sign and date this statement.
• Keep your contact information private: If you wish to keep your address and phone number confidential, download and complete the relevant form (Form C8 from GOV.UK).
• Submit all documents: Deliver or send all the documents to your solicitor, who will then issue the order.

These steps illustrate the application process for issuing a Non-Molestation Order.

Respondent

The Respondent in a Non-Molestation Order case has several options:

• Accept the order with admissions: This means they admit to the allegations of domestic abuse.
• Accept the order with no admissions: In this case, they do not admit to the allegations of domestic abuse but agree to the order remaining in place for 12 months.
• Provide an undertaking: The Respondent can promise the court that they will not commit domestic abuse, which is only accepted if you also agree. An undertaking is advisable in certain circumstances, but it does not have a power of arrest attached to it.
• Contest the order: If the Respondent contests the order, the case will be listed for a further hearing. They can file their statement, and you can file a further statement. It may also be necessary to obtain police disclosure.

We are here to support you and to help you achieve a positive and lasting outcome. If you need legal representation in court by Axis Solicitors for a non-molestation order application, please do not hesitate to contact us today. We are here to help you.

Representation at Court

Applying for a non-molestation order can be a complex and stressful process, especially if the abuser contests the order or makes false allegations against you. You may have to face the abuser in court and provide evidence of the abuse. Meanwhile, you may also have to deal with other legal issues, such as child custody, divorce, or property disputes.

That is why you need legal representation by Axis Solicitors, a client-focused and results-driven law firm specialising in UK Family Law. Our solicitors have the expertise and experience to handle your case professionally, compassionately, and skillfully. Therefore, we can advise you on the best course of action, prepare your application and statement, gather evidence and witnesses, and represent you in court. We can also cross-examine the abuser and challenge their evidence or arguments. Trust that we will work hard to protect your right to obtain a non-molestation order that suits your needs and circumstances.

Our team understands that applying for a non-molestation order can be a difficult and emotional decision. Additionally, you may be concerned about your case’s costs and outcomes. That is why we offer a free initial assessment, where we will assess your situation and explain your options. Moreover, our affordable and fixed fees are transparent about the expenses involved.

At Axis Solicitors, we care about our clients and their well-being. We have offices in five major cities across the UK, including London, Manchester and Birmingham. You can also contact us online or by phone; we will respond soon. 

Occupation Order

An occupation order regulates who can live in the family home or any part of it. It can also restrict or exclude someone from entering the home or a specific area around it. Issued by the Family Court under Part IV of the Family Law Act 1996, an Occupation Order is frequently sought in cases involving abusive partners, with the primary aim of safeguarding victims from the threat posed by their former partners.

Occupation Orders play a vital role in ensuring the safety and tranquillity of victims within their homes. By legally preventing an abusive ex-partner from returning to the property, these orders provide a secure environment for those who have suffered abuse.

Note that an Occupation Order does not alter the financial ownership of the property. Typically, it constitutes a temporary arrangement based on the specific needs of the individuals involved. Furthermore, the duration of such an order can vary, often six to twelve months, with the possibility of renewal in certain circumstances. Occupation Orders apply only to properties where both parties have lived, currently reside or intend to live.

Furthermore, these orders can specify responsibilities for property maintenance and financial obligations such as mortgage or rent payments and other bills. This approach ensures that the order addresses the unique circumstances of each case while prioritising the safety and well-being of all parties involved.

If you require legal assistance or guidance regarding Occupation Orders or any other family law matters in the UK, our experienced team at Axis Solicitors is here to provide expert counsel and support tailored to your specific situation. Contact us today to explore your options and protect your rights.

Eligibility

To file an Occupation Order, you must establish a clear association with the individual against whom you intend to seek the order. This association implies that you share some form of relationship with them, including current or former partners, relatives, co-habitants, or individuals with whom you have been involved in prior court proceedings.

Additionally, it is essential to demonstrate your legal entitlement to reside in the property. This entitlement can stem from being an owner, joint owner, or tenant. You can also apply for an Occupation Order if you were previously married to the property’s owner or the legal tenant.

What can an occupation order do?

An occupation order can do one or more of the following:

• Enforce your right to remain in the property or to return to it if you have left.
• Require the other person to leave the property or part of it.
• Prohibit, suspend, or restrict the other person’s right to occupy the property.
• Regulate how the property is occupied by you and the other person, such as who can use which rooms or facilities.
• Declare that you have a legal right to occupy the property or home rights as a spouse or civil partner.
• Exclude the other person from a defined area around the property.

An occupation order does not change the ownership or tenancy of the property. It is a temporary measure that usually lasts for a fixed period, such as six months or a year. However, the court can extend, vary, or discharge it if the circumstances change.

Process

To apply for an occupation order, you must fill in a form called FL401 and submit it to your nearest family court. You also need to write a witness statement explaining why you need the order and provide any evidence to support your case, such as police reports, medical records, or photographs.

If you are in immediate danger, you can apply for an occupation order without informing the other person, which is called a without notice or ex parte application. The court will hold a hearing as soon as possible and decide whether to grant you a temporary order until a full hearing can occur.

Court Hearing

At the court hearing, you and the other person can present your arguments and evidence to the judge. 

The judge will consider various factors, such as:

• The housing needs and resources of both parties and any children.
• The financial situation of both parties.
• The likely effect of the order on the health, safety, and well-being of both parties and children.
• The conduct of both parties towards each other and any children.
• The balance of harm test means the judge will compare the harm that you or any child would suffer if the order is not made with the damage that the other person would suffer if the order is made.

The judge will then decide whether to grant, refuse, or modify the occupation order. Moreover, the judge may also make other orders, such as non-molestation or child arrangements orders.

If you need legal advice or representation on applying for or defending an occupation order, Axis Solicitors can help you. We offer a free initial assessment to assess your situation and advise you on the best action.

Axis Solicitors can help you apply for an occupation order and advise you on the eligibility criteria, the required documents, the court fees, and the possible outcomes. We can also represent you at the court hearing and help you enforce the order if granted.