A non-molestation order is designed to stop a current or former partner or a relative, doing certain things, such as using or threatening violence against you, harassing, pestering or intimidating you or, in some cases, contacting you at all whether directly or via another person. The court will look at all the circumstances of the case, including whether an order is necessary to secure your health, safety and wellbeing and/or that of any child. Non-molestation orders are usually made for 6 months but can be extended where there is a good reason.
If you are being subjected to violent or abusive behaviour by your ex-partner you may need to apply for a non-molestation order. Often a warning letter will be sufficient to stop the abusive behaviour and we have achieved success at this early stage before. However, in more serious cases you may need to apply for an urgent order. Get in touch with David Smith and we will assess your case to ensure you and your children get the protection you need.
In some cases, the court can make an order regulating who can and cannot live in the family home. This is known as an occupation order. You may be in an abusive relationship and wish for your former partner to be excluded from your property, or you may have been excluded from your own home and wish to return. You may be the primary carer of a young child and it is imperative you both return home (even where there is no violence) because you have nowhere else to go.
Urgency and procedure
If there is an urgent need for protection, the court can grant an order the same day the application is made. The circumstances of an urgent case may mean that the order needs to be made by the court without giving notice to the other party of the application.
After an order is made without notice, there will need to be a follow-up hearing to give the other person a chance to address the court which could include an objection to the making of the order. If they do object and it is not possible to agree on a way of compromising the proceedings safely, the court will arrange a further contested hearing at which each side will give evidence and the judge will decide whether to continue with the order, vary the order or discharge the order.
A difference between non-molestation and occupation orders is that occupation orders are rarely made without notice, even if the applicant is successful in getting an immediate non-molestation order. The reason is that an occupation order can potentially render a person instantly homeless and the court will be extremely reluctant to do this without giving the respondent a chance to put their case forward and respond to what the applicant has said in their application. The applicant may be expected to seek temporary accommodation in the meantime while the case is being heard.
Injunctions related to children
Sometimes it is necessary to act fast particularly where a parent believes there is a genuine risk of abduction by the other parent (including taking out of the country) or where the child may otherwise be in harm’s way, which may include emotional harm. We are experienced in working fast to ensure the safe return of a child.
A child-related injunction can also be sought to prevent domestic violence, for the personal protection of a parent, or to safeguard children.
Sometimes injunctions are necessary in relation to financial matters. Obvious examples could include selling property (whether real estate or other property of high value) and completion dates are nearing or disposing of ready cash.
To secure a financial injunction a spouse (or cohabitee in the case of unmarried couples) has to be able to show that their husband, wife or partner is intending to use the money for the purposes of defeating the spouse’s or cohabitee’s financial claim. The order will last until discharged by the court or the court makes a financial court order dividing the family assets.
Injunctions can have an immediate effect
Sometimes an injunction can be obtained the same or next day thereby offering immediate protection. This is a specialist area, and we (and you) will need to act fast. If you need help to apply for an injunction order or if you are on the receiving end of an injunction application and do not know what to do then you need urgent family law advice please call urgently. Kindly note, we do not offer legal aid and all work is carried on a private fee-paying basis only.
Contact Us Today
Our head of family David Smith has succeeded on behalf of many clients in obtaining family-law related injunctions in helping to stabilise the post-separation weeks and months following a relationship breakdown. Get in touch if you would like to discuss matters further.
For a FREE INITIAL CONSULTATION please call David Smith
Direct number 01218203684
Office number 01216869444
Huge thank you to David
Huge thank you to David for making a horrible stage of my life, going through a hostile divorce a whole lot more bearable. Don’t know how I would have got through it without you.
Always kept me up to date, very responsive
Always kept me up to date, very responsive. Upbeat even when the purchaser was being a pain! My father has used EPO for many years. Your fee seemed at the right level given the work you carried out and your strong level of expertise.
Happy & confident with the service
I felt happy & confident with the service and have recommended. Contact via phone was good and a reasonable quote quickly.
Great, clear advice delivered in a personable manner
David’s advice was critical in resolving a complex family matter. Without his involvement, the case would have stalled. He helped me to understand the legalities of the situation and provided direction in what I found to be a highly confusing situation. Great, clear advice delivered in a personable manner.
Brilliant to buy and sell with and extremely helpful
Extremely helpful and patient with our neverending purchase and the many queries involved. You were recommended to me by my Great Aunt who had sold her home with your help. Easy to contact – you’ve been brilliant to buy and sell with and extremely helpful and kind through both processes! 10/10
Professional, friendly and reassuring
EPO were my parent’s Solicitors for years – dealing with conveyancing and probate for both Both Kimberley and Karen were professional, friendly and reassuring throughout the whole stressful process.
In safe hands
I can’t thank David Smith enough for the way in which he handled my divorce. His friendly and approachable manner was much appreciated, throughout what was inevitably a difficult and emotional time. He also fought my corner with tenacity, leading to a fabulous financial settlement. At a time of such uncertainty, it is reassuring to know that you are in safe hands……I would not hesitate to recommend David to anyone going through the same experience.
Nothing was too much for him
David really made me at ease and helped me through the whole process. Nothing was too much for him and he always made time for me.
Kimberley explained everything to me along the process and was very approachable.