Court Orders explained
If you are experiencing domestic abuse, there are two types of court order or ‘injunctions’ under the Family Court that may provide legal protection.
What is a non-molestation order?
This is a court order (sometimes called an injunction) that is used to prevent someone from being violent or abusive towards you, threatening violence, harassing or intimidating you.
You can apply for a non-molestation order if you are experiencing domestic abuse from someone you’re having or have had a relationship with, a family member, or someone you’re living with, or have lived with.
If you successfully go through the Family Courts to get a non-molestation order in place, it will normally have a ‘power of arrest’ attached, which means your abuser can be arrested the moment they do anything that the order states they are not allowed to do.
That may be enough to deter your abuser; but be aware, in some cases it could bring out more anger or violence in them. That’s why we recommend you talk to an expert, either here at FLOWS, or local to you, in order to decide the best course of action in your particular situation.
What is an occupation order?
An occupation order excludes someone from your home or the surrounding area and usually lasts initially for 6 months.
You can apply for an occupation order if you own or rent a home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to, or parent of your child. Or if the home you are living in was intended to be the ‘matrimonial home’ and your partner or spouse is the abuser.
As occupation orders can make a great deal of difference to the lives of those specified in the orders, so judges consider them carefully.
If you feel you or your child or children are at risk, this may be a route for you, but again, we recommend that you take expert advice before you act. Talk to an expert here at FLOWS, or local to you, in order to decide if this is the best course of action.
What can you expect from FLOWS?
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