Recently, there was an article in The Guardian titled ‘Violence against women a ‘national emergency’ in England and Wales, police say’. Unfortunately, this isn’t a scaremongering title, it’s true. As domestic violence lawyers we’re supporting more and more domestic abuse victims than ever.

If the police are unable to help in a situation of domestic violence, we can. Legal measures play a crucial role in safeguarding people from harm. Non-molestation orders and occupation orders are protective shields against different types of harassment, abuse, and intimidation. These orders are vital to providing immediate relief and creating safe spaces for those facing threats to their well-being and peace of mind.   

Understanding the pivotal role that these orders play is essential in empowering individuals to break free from harmful situations and rebuild their lives. 

In this blog we talk about domestic abuse, what non-molestation orders and occupation orders are as well as what we can do at Switalskis to help you.  

What is domestic abuse?

Contrary to popular misconceptions, the term ‘domestic abuse’ is not limited to physical violence; it can manifest in various forms, including: 

Emotional abuse – characterised by manipulation, intimidation and degradation aimed at undermining a survivor’s self-esteem and self-worth. 

Psychological abuse – involves the use of threats, intimidation and controlling behaviour aimed at instilling fear and dependency on the survivor. 

Sexual abuse – refers to any non-consensual sexual activity imposed on the survivor. 

Financial abuse – involves controlling or exploiting the survivors financial resources to maintain power and control in the relationship. 

Digital abuse – characterised by monitoring, stalking, harassing, threatening, controlling or impersonating another person using technology. 

Controlling and coercive behaviour – this is a deliberate and calculated pattern of behaviour designed to isolate and manipulate a survivor. 

What is a non-molestation order?

A non-molestation order prevents a person from using or threatening violence and/or intimidating, harassing or pestering you in order to ensure your health, safety and wellbeing.  

The primary purpose of this order is to create a safe environment and provide a sense of security to those who feel threatened or vulnerable. 

A non-molestation order can also be extended to include your child.

What is an occupation order? 

An occupation order regulates who can live in or enter a property.  It can be used to exclude or restrict the occupation of one party, whilst allowing another party to reside in the property.  

Although a non-molestation order can be applied for to prevent someone from coming near a person or their property, it does not address who should live in the property.

Who can apply for a non-molestation order or an occupation order?

You can apply for a non-molestation order and/or an occupation order if you are a survivor of domestic abuse and you are an associated person of the other party.  

You are associated with another person if:

• You have been married or are civil partners of each other
• You are or have been cohabitants
• You live or have lived in the same household as one another
• You are relatives either biologically or by way of marriage
• You have agreed to marry one another
• You have or have had an intimate relationship with one another for a significant period of time

If you seek the protection of an occupation order, you also need to have a legal (or contractual) benefit in the property or a right to occupy it.  

How to obtain a non-molestation order or an occupation order

To obtain a non-molestation order and/or an occupation order, an application needs to be filed with your local court.  This application would include details of the abuse suffered and can include supporting evidence such as photographs.   

We can apply for a non-molestation order and/or an occupation order on the same day if this is needed and it can be done without the other party being present. 

How does a non-molestation order work?

When granted, a non-molestation order prohibits the other party from engaging in a specific way towards you. These behaviours may include:

• Contacting you either directly or indirectly
• Approaching you or visiting your home, workplace or any other specified location
• Making threats towards you
• Damaging your property

How does an occupation order work?

When granted, an occupation order will enforce, declare or restrict the right to occupy a home. 

What happens if a non-molestation order or an occupation order is breached?

Breaching a non-molestation order and/or an occupation order is a criminal offence and can result in legal consequences, including fines, imprisonment, or both.

What should I do if I need a non-molestation order or an occupation order?

If you are at risk of or a survivor of domestic abuse, our specialist child care legal team are here to help you.   

We work with legally aided clients and can provide you with a fixed fee package if legal aid is not available to you.

We can act swiftly to give you the support that you need, provide you with advice about your options and assist you in taking action to protect yourself. 

To speak with a member of the team in confidence call 0800 138 0458 or email careparalegals@switalsis.com.