Non-Molestation/Harassment Orders, Occupation Orders
The breakdown of any relationship can often be fraught and emotions may run high. Occasionally this can lead to violence or threats of violence and a need to secure urgent personal protection. Watson Thomas Solicitors can assist you if you are feeling vulnerable, pestered or under threat.
With an office just minutes from the local County Court, we are in a good position to help you make an emergency application for protection by applying for a civil injunction or protection order.
There are two main types of injunctions available under Part IV of the Family Law Act 1966, a Non-Molestation Order and an Occupation Order
What is a Non-Molestation/Harassment Order?
A non-molestation order is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of yourself and your children.
Under new legislation, a breach of a non-molestation order is now a criminal offence, however, you should still be able to take your abuser back to the civil court for breaking the order, if you prefer this. In addition, the Domestic Violence Crime and Victims Act, 2004 will amend the Family Law Act so that cohabiting same sex couples and couples who do not live together will also be able to apply for non-molestation orders.
Legal Representation if you are served with a Non-Molestation Order
We can also advise you about gaining police assistance, utilising criminal law remedies as well as providing advice or legal representation if you have been served with an application for injunction orders, ensuring that your case is properly presented and you have an opportunity to defend the application. We offer practical advice about how the law can protect you.
What is an Occupation Order?
An Occupation Order affects who can live in or live in part of the family home. It is a type of injunction made under Part IV of the Family Law Act 1996 and can have the following effects. An Occupation Order might:
1. Allow you or your partner to stay in the home
2. Allow you or your partner to return to the home if you/they have left
3. Restrict you or your partner to part of the home
4. Prevent you or your partner from entering the home
5. Prevent you or your partner from visiting the neighbourhood where the home is location
6. Provide that your ‘home rights’ do not cease in the event of the death of the other spouse or civil partner or upon termination of the marriage or civil partnership.
We will advise you as to whether you have grounds for seeking an Occupation Order, or alternatively, as to how the use of the home can be formally regulated until the financial issues reach a conclusion.