DBS Law Ltd
Tel 0800 157 7055
injunction orders and other protection for victims of abuse
WHAT IS A NON-MOLESTATION ORDER?
An order forbidding the abuser from using or threatening violence against the victim or any relevant children, or intimidating, harassing or pestering the victim or any relevant children. Breach of a non-molestation order is a criminal offence and if prosecuted for such an offence, the abuser can be sent to prison for up to five years, or a fine, or both.
FACTORS COURT CONSIDERS IN APPLICATIONS FOR NON-MOLESTATION ORDERS
All the circumstances of the case, including the need to secure the health, safety and well-being of the applicant and of any relevant child.
WHAT IS AN OCCUPATION ORDER?
An order regulating the occupation of the home, such as excluding the respondent from the home and the vicinity of the home, and to prohibit, terminate or restrict the exercise of the respondent’s occupation rights, as appropriate. Such orders may require the respondent to vacate the property occupied by the applicant, or allow the applicant to re-enter the property.
FACTORS COURT CONSIDERS IN APPLICATIONS FOR OCCUPATION ORDERS
The Court will have regard to all the circumstances including:
1. the housing needs and housing resources of each of the parties and of any children;
2. their respective financial resources;
3. the likely effect of any Order, or of any decision by the Court not to exercise its powers, on the health, safety or wellbeing of each of the parties
and of any children;
4. the conduct of each of the parties in relation to each other and otherwise.
DBS Law are able to advise clients on any of these issues and can represent them in any court proceedings required to protect them from further domestic abuse.
