Protective Injunctions: Safety in domestic violence cases

Domestic violence is a crime that carries profound and far-reaching consequences, not only for the victim but also for children and other family members. Like any other crime, it demands zero tolerance and immediate action to ensure safety and justice. The first step for anyone experiencing domestic violence should always be to contact the police. However, the legal system offers two critical tools for longer-term protection: Non-Molestation Orders and Occupation Orders.

Non-Molestation Orders: Preventing harmful behaviour

A Non-Molestation Order is designed to protect victims of domestic abuse from further harm by prohibiting specific actions by their partner, ex-partner, or family member. These actions might include:

• Physical violence or threats of violence
• Intimidation, harassment, or stalking
• Attending the victim’s home or workplace
• Communication through calls, texts, or social media
• Instructing third parties to carry out these actions
• Approaching or entering defined areas, such as the victim’s home

Applications for Non-Molestation Orders are often made without the knowledge of the other party to ensure the victim’s immediate safety. If granted, a return hearing is typically scheduled within 14 days, allowing the respondent to challenge the order if they choose. These orders can last up to 12 months and may be extended as needed.

Occupation Orders: Determining living arrangements

Occupation Orders go one step further by addressing who can live in a property and under what conditions. These orders are particularly relevant in cases of domestic abuse, separation, or divorce when disputes over property access arise.

An Occupation Order may:

• Dictate who can and cannot live in the property or specific parts of it
• Allocate areas of the property to each party if both must remain in residence
• Establish responsibility for mortgage, rent, or household bills during the order’s duration

Importantly, the order does not affect the legal or beneficial ownership of the property but focuses solely on immediate safety and living arrangements.

Criteria for granting Occupation Orders

Given the significant impact of an Occupation Order, the court only grants one under serious circumstances, such as:

• Evidence of domestic abuse or credible threats of harm
• Situations where the applicant would suffer significant harm if the order is not made
• Ongoing disputes during a divorce or separation over who should remain in the property

In most cases, applications for Occupation Orders are made with notice to the other party, reflecting their serious and restrictive nature. However, in emergency situations, applications can be made without notice. These orders typically last up to six months but can be extended if necessary.

Who can apply for these orders?

To apply for either a Non-Molestation Order or an Occupation Order, the parties involved must meet specific criteria. They must be “associated persons,” which includes individuals who:

• Are or were married or in a civil partnership
• Live or have lived in the same household
• Are relatives or share parental responsibility for a child

For Occupation Orders, additional requirements include:

1. The applicant must have a legal right to occupy the property (e.g., ownership or tenancy).
2. The property must have been used as the family home.

Seeking help and taking action

Protective injunctions are powerful tools that can help victims of domestic violence regain safety and stability in their lives. However, navigating the legal process can be complex. If you or someone you know is experiencing domestic abuse, reach out for advice and support. Taking these steps can ensure that safety and justice are prioritised.

Our experienced team is here to provide compassionate and confidential support, guiding you through the process of obtaining the protection you need.