Applying For a Non-Molestation Order
There are two types of injunction:
- A Non-Molestation Order
- An Occupation Order
Non-Molestation Order
Our specialist domestic abuse team can apply for a Non-Molestation Order on your behalf. This prevents your former partner from using or threatening to use violence towards you and your children, or harassing or pestering you or your children, and coming near your property.
In deciding whether to make a Non-Molestation Order, the court will consider your circumstances, including the need to secure your and any child’s health, safety and well-being.
Occupation Order
An Occupation Order can also be obtained from the court. It states who can or cannot live in, visit or enter a particular home or an area around it.
This Order ensures that your partner leaves your home and prevents them from living there for a defined period of time. The police can assist if necessary.
When making an occupation order, the court can also state who should pay the rent or mortgage, as well as transfer tenancies between couples who are or have been married or living together.
In deciding whether to make an order, the court will consider the housing needs of you and your children, the financial resources of each partner, the likely effect of the order on you and your children, and the nature of your relationship. If you or your child is likely to suffer harm because of the respondent’s behaviour, then the court must make an occupation order.
Our domestic abuse lawyers can prepare an application and statement for both Non-Molestation and Occupation Orders. Once you have confirmed that the contents of your statement are true, our team will ask the court to issue your application for you and we will advise you on the process from that point.
How long does it take to get an Order?
Our domestic abuse lawyers can apply immediately, or usually within 24 hours.
Breach of an injunction
Breach of an injunction is an arrestable offence and you must notify the police immediately if the non-molestation order is breached.
Do I have to pay for my legal fees?
Our initial discussions are free of charge and we will agree on any subsequent costs with you in advance.
Depending on your circumstances and your financial situation, you may be eligible for legal aid to cover your legal fees.
Every referral received will be assessed urgently and a member of our domestic abuse team will contact you for more details to ensure that we are doing all we can for your protection.
Where necessary, our domestic abuse specialists are able to meet with you the same day with a view to being in court within 24 hours for emergency applications. Where urgent applications are not warranted, our lawyers will discuss how best to protect you.
Will my ex-partner know that I’ve been to court?
Yes, but usually only after a Non-Molestation or Occupation Order is made. Our lawyers will explain the process in detail to you.
Will I have to see my ex-partner in court?
Yes, but our Domestic Abuse team can request for safety measures to be put in place to keep you separate from them.
Get in touch with our domestic abuse solicitors in Bristol
Our domestic abuse lawyers work with clients across the UK from our offices in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. To speak to a member of our team, call 0117 325 2929 or complete our online enquiry form.
Useful resources for domestic abuse
In addition to getting in touch with us, there are various helplines you can call or websites you can visit. These include:
- The Freephone National Domestic Abuse Helpline (for women), run by Refuge on 0808 2000 247 for free at any time, day or night
- Womens Aid by emailing helpline@womensaid.org.uk
- Men’s Life Advice on 0808 8010 327 or email info@mensadviceline.org.uk
- If you identify as LGBT+, you can call Galop on 0800 999 5428 or email help@galop.org.uk
- Karma Nirvana on 0800 5999 247 for forced marriage and honour crimes.
- UK Forced Marriage Unit on 020 7008 0151
- Remember to dial 999 in an emergency