How injunctions protect you: a guide to Non Molestation Orders and Occupation Orders

What is a Non-Molestation Order?

A Non-Molestation Order is a court order designed to protect a person from abusive behaviour from another. This can include physical violence, threats, harassment, intimidation, or controlling and coercive behaviour.

If granted by the court, the order can place a range of restrictions on the offending person, known as the respondent. For example, it can prohibit them from using or threatening violence against you or your children, contacting you directly or indirectly (including through social media, email, or third parties), attending or coming within a specified distance of your home, workplace, or your children’s school, and engaging in any conduct that amounts to harassment, alarm, or distress. The terms of the order are tailored to the specific circumstances of each case to ensure effective protection.

These orders are commonly sought in situations involving domestic abuse and are a key legal tool in providing both immediate and ongoing protection. They can offer reassurance and clear boundaries at a time when individuals may feel particularly vulnerable, helping to create a safer environment.

What is an Occupation Order?

An Occupation Order is a court order which regulates who can live in, or access the family home, regardless of who legally owns or rents the property. This means that the court can intervene even where the respondent is the legal owner or tenant, if it is necessary to ensure the safety and welfare of the people living there.

Depending on the circumstances, the court can require one party to leave the property, prevent a party from entering or coming near the home, define which parts of the home each person can use, or allow one party to return to the property if they have already left. The court will apply what is known as the “balance of harm” test, weighing the risk of harm to the applicant and any children if the order is not made, against the impact on the respondent if it is made.

These orders are particularly important where it is unsafe, inappropriate, or simply unworkable for both parties to remain living together, and they can play a crucial role in ensuring that individuals and their children are able to live safely in their home.

When you can apply for each order

Both Non-Molestation Orders and Occupation Orders are available to individuals who are “associated persons.” This includes (but not limited to) married couples and civil partners (whether current or former), cohabitants or former cohabitants, family members, and parents of the same child.

A Non-Molestation Order is typically appropriate where there has been abusive behaviour that requires the court’s intervention.

An Occupation Order may be necessary where there are safety concerns within the home, where one party needs to be excluded from the property, or where there is a dispute about who should live in the home. In many cases, it is appropriate to apply for both orders at the same time, depending on the circumstances.

Emergency and without notice applications

In urgent situations, you can apply for an injunction on an emergency basis, often referred to as a “without notice” application.

This means that the court can make an order without informing the other party in advance, allowing protection to be put in place very quickly, sometimes on the same day. A further hearing will then be listed where the respondent has the opportunity to attend court and respond to the application.

Emergency applications are typically made where there is an immediate risk of harm or where giving notice would place the applicant at further risk.

What happens if an order is breached

Breaching a Non-Molestation Order is a criminal offence. If this occurs, the police have the power to arrest the respondent and the matter may proceed to prosecution in the criminal courts. If found guilty, the court may impose penalties ranging from fines to up to 5 years in prison, depending on the severity of the breach.

Breaching an Occupation Order is not automatically a criminal offence, but it can still have serious consequences. In some cases, a power of arrest may be attached to the order. A breach may also be treated as contempt of court, and the court may impose penalties, including fines or imprisonment.

These consequences reflect the seriousness of such orders and the level of protection they are intended to provide.

How we help you apply or respond

We understand that taking legal action in these circumstances can feel overwhelming. Our experienced family law team can support you at every stage, whether you are seeking protection or responding to an application.

We can advise you on the most appropriate order for your situation, prepare and file your application (urgently where necessary), and organise representation for you at any court hearings. We also provide advice to respondents on defending or varying these orders.

Our priority is to ensure your safety and to achieve a practical outcome that protects you and your family. If you need advice about Non-Molestation Orders or Occupation Orders, our team is here to help. Please contact us for confidential, specialist support.