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Injunctions and Occupation Orders

Have you been in a violent or abusive relationship? If so, please be assured you are far from alone and the courts and the justice system will strive to help you. The team at Fletcher Day can help you obtain some of the powerful protective remedies to look after you and protect you.

What is a Non-Molestation and Occupation order?

A Non-Molestation Order can prevent your partner from harassing or molesting you. It is important to note the harassment does not have to be physical and can be mental or emotional abuse including verbal abuse or controlling  behaviour, including financial control. You can also, if appropriate, apply for an Occupation Order which will allow you to either regulate how you and your partner occupy your home or to give you sole occupation of your home.

In some cases a non molestation order is not on its own enough to protect where you and your abuser live in the same home.

In suitable cases, an application can be made for an Occupation Order, that is a Court Order requiring your abuser to leave the home and stay away for a period of time and possibly permanently. Occupation Orders can include orders that your abuser cannot enter within a certain distance of your home and its locality.

How we can help you

The team at Fletcher Day are a London-based team of specialist partners with a combined knowledge of over 80 years of post-qualification experience covering a wide and extremely varied client base. We have experience of acting in family courts up and down the country as well as extensive experience of acting in disputes involving Non-Molestation and Occupation Orders.

We have a collection of reported cases, varied and specialised experience as well as a combined tenacious attitude to argue your case in the best and most effective way possible. We act for a wide range of individuals from our local City client base to all sorts of individuals based both here and internationally. If you are the victim of harassment, including stalking (either direct or through the internet or otherwise) we can also help.

If you have any questions please do not hesitate to get in touch on 020 7766 5260, fill in our’How can we help’ form or get in touch.

Frequently Asked Questions

Does my abuser need to know about my application for a non molestation and/or occupation order in advance and how do I protect myself while waiting for my application to be heard?

In the appropriate circumstances an application can be made to the court with a request to allow the initial hearing to be heard without notice to the abuser . If the court agree and make an interim order the order will then need to be served on the abuser in order to be enforceable . The order will also provide the police with a Power of Arrest if your abuser disobeys the order after service and before any return on notice hearing.

What happens if my abuser disobeys the order and what action can I take ?

You can ask the police to exercise the Power of Arrest and ask the court for a hearing to consider whether your abuser is in contempt of court and to impose sanctions , including committal to prison.

If I obtain a non molestation or occupation order , will the police be able to help me with enforcement ?

You can ask the police to exercise the Power of Arrest and to consider prosecution if there is abuse.

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