Non-molestation Order
If you require immediate protection, you are able to apply for an emergency non-molestation order which means your ex-partner would not be notified that you were making this application.
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Non-Molestation Order
Domestic abuse can take a number of different forms including physical, sexual, emotional, psychological, coercion, control and financial abuse. It also includes harassment and stalking, as well as online abuse.
There are two types of orders available with the aim of preventing domestic abuse – Non-molestation Orders, and an Occupation Orders.
A Non-molestation Order aims to prevent you from harm, and prevents your ex-partner from threatening or being violent towards you and can include your children. It also prevents them from coming to your property, work place or school, or contacting you in any way (including non-threatening contact).
If you require immediate protection, you are able to apply for an emergency non-molestation order which means your ex-partner would not be notified that you were making this application.
An Occupation order decides who can live in the family home and surrounding area. In specific cases, this can include specifying certain parts of the home, or specific hours each party can be in the property.
Legal aid is available. Our team will undertake an assessment of your financial situation to satisfy eligibility.
The difference between a Non-molestation order and Restraining order:
A Non-molestation Order is granted in the Family Courts, however a Restraining Order is granted in the criminal courts. Both provide similar protection, and both have an arrest power attached, therefore should the order be breached, the police are able to make an arrest. A Non-molestation Order is only available to ‘connected’ people, for example an ex-partner, however a Restraining Order is usually used to provide protection to a victim of a crime.
The application for a non-molestation order or occupation order is case specific. Should you require assistance please contact our offices to discuss.
Our Expert Team
Our Team – Family Law Solicitors Liverpool
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Darren Matthews
Senior SolicitorDarren qualified in 2003 and worked at 2 other firms before moving to Berkson family law, almost...
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Erin Spadafora
SolicitorErin joined Berkson Family Law with a strong background in family law. Erin has developed a particular...
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Alexandra McCarthy
SolicitorAlex joined Berkson Family Law in 2022 following completion of her Law degree and LPC. During her...
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