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A Non- Molestation Order is the most common injunction sought by clients.

To obtain a Non-Molestation Order you must show that you have suffered threatening physical violence, or you wish to prevent a person from harassing, pestering and/or intimidating you.

Non Molestation Order

The Court will place a time limit on a Non-Molestation Order. An Order will exist for a minimum six-month period unless the Court deems it necessary to extend the term to twelve months.

The onus is on the person making the application (the applicant) to show that the behaviour is of a serious nature. Once the Order has ended the Applicant will if necessary have to make a fresh application to the Court to extend the Order.

A Non-Molestation Order can place restrictions over the individual (the respondent) against who the Order is sought. An Order can prevent someone from entering and/or coming near the Applicant’s residence. A Non-Molestation Order can restrict how close someone can come to a particular individual.

If an individual breaches any Order made by the Court, the Police should be informed immediately. The Police have the authority to arrest any individual found to have breached a Non-Molestation Order.

Occupation Order

For the Court to make an Occupation Order, the Applicant must be deemed to have reached the higher threshold that must be proven being that significant harm attributable to conduct of another party has or is likely to be suffered. The Court would rather revert to a Non-Molestation Order rather than an Occupation Order to achieve this.

An Occupation Order sets out who should remain and who should be excluded from the Family Home. By granting an Occupation Order the Court is removing a party’s right to remain in a property that may legally be entitled to occupy.

The Court will grant the Order for an initial six-month period. The Court does have the power to extend to an indefinite period, but it is rare for the Court to do so.

Call our friendly team today on 0345 2413100 or email us for more information

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Lee Pashen - Director / Solicitor

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Marianne Tyndall is an experienced family solicitor with a calm and good humoured approach to divorce. It is a daunting and emotional process. Marianne made everything clear and dealt firmly with opposition during a difficult divorce. She supported my disabled sister every step of the way and gave her the courage to stand firm, to believe that there would be a good outcome. A fair settlement was made and it could not have been achieved without Marianne's tenacity and commitment.
Jane Small

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