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Domestic Violence And Abuse

Warning Letters
Non Molestation Orders
Occupation Orders

Emergency Non Molestation Orders

The court generally consider something as an emergency if a court order is needed now to protect you or your children, once a week has gone past the last incident it is more difficult (but not impossible) to get an emergency order. If you have an emergency then please complete the contact me form. I will get back to you as soon as possible, or use the booking link to find a time for us to chat. This may be out of the normal working hours. At this point I will be able to advise you whether it is likely you can get an emergency order. This is based on a lot of experience in court and sitting on the Family Court Board as a private law solicitor.

Warning Letters

Everything works better if there is agreement. Arrangements about your your ex-partner's behaviour is the same. A warning letter or letter before action are the same, i

I can help by sending a letter to your ex-partner. This will set out what the behaviour is that they should not do and what is acceptable.  

If there is an issue with you both living in the same house I can write to them asking them to leave. This is more effective if they don't have the right to live there or you would be remaining in the home with children.

There is a greater emphasis on negotiations, as a member of Resolution I promote this whenever possible.

If your case ends up going into the court arena there will be an expectation that resolving differences has been attempted.

Fill in a form for Lisa to contact you or book an hour initial appointment with Lisa - it's free with no obligation.

Non Molestation Orders

Your Application

Non-Molestation Orders are designed to protect you or/and your children for a short period of time, usually 6 months.

 

There are two ways to get a non-molestation order.

 

Ex-parte, this means without notice. For the court to grant an ex-parte order you must need protection now, this does not have to be physical violence.
 

On notice, this means the court will ask you and your ex-partner to go to the court and after listening to you and your ex will decide if another hearing is needed, and whether to grant an order.

A Non-Molestation Order might say the your ex-partner cannot:

·    Go to the family home (except for agreed contact).

·    Go to a child's school.

·    Contact you.

·    Write things on social media about you.

·    Threaten you.

·    Be violent or abusive towards you.

Sometimes your ex-partner will ask if you will accept an undertaking instead of a non-molestation order, this is a promise not to do something.

The main difference between the two is:

If you have a non-molestation order and they break it you can report it straight to the police.

If you have an undertaking you have to ask the court to decide what should happen.

A non-molestation or undertaking should not impact on contact with children and does not go on a criminal record unless it is breached and the police arrest your ex-partner and successfully prosecutes them.

Fill in a form for Lisa to contact you or book an hour initial appointment with Lisa - it's free with no obligation.

Non Molestation Orders

Against You

Non-Molestation Orders are designed to protect someone or/and your children for a short period of time, usually 6 months.

 

There are two ways to get a non-molestation order.

 

Ex-parte, this means without notice. For the court to grant an ex-parte order the person wanting the order must need protection now, this does not have to be physical violence.
 

On notice, this means the court will ask you and your ex-partner to go to the court and after listening to you and your ex will decide if another hearing is needed, and whether to grant an order.

A Non-Molestation Order might say the you cannot:

·    Go to the family home (except for agreed contact).

·    Go to a child's school.

·    Contact you.

·    Write things on social media about you.

·    Threaten you.

·    Be violent or abusive towards you.

You can ask your ex-partner to accept an undertaking instead of a non-molestation order, this is a promise not to do something.

The main difference between the two is:

If you have a non-molestation order and if you break it they can report it straight to the police.

If you have an undertaking they have to ask the court to decide what should happen if you were to do something you agreed not to do.

A non-molestation or undertaking should not impact on contact with children and does not go on a criminal record unless it is breached and the police arrest you and successfully prosecutes you.

Fill in a form for Lisa to contact you or book an hour initial appointment with Lisa - it's free with no obligation.

Occupation Orders

Your Application

An occupation order give one person the right to stay in a property. It may ask the other person to leave the property or it may ask them to stay in certain rooms.

It is very rare that a court will grant an ex-part (without notice) order. This is because asking someone to leave their home is a big thing to do.

Usually the court will ask you and your ex-partner to go to court. They will listen to you both (or me as your solicitor and your ex) and decide what needs to happen. The order is usually for a limited time, e.g. 6 months.

Fill in a form for Lisa to contact you or book an hour initial appointment with Lisa - it's free with no obligation.

Occupation Orders

Against You

An occupation order give one person the right to stay in a property.

Has someone asked the court to make an order for you to leave your home.

 

It may ask you to leave the property or it may ask you to stay in certain rooms.

It is very rare that a court will grant an ex-part (without notice) order. This is because asking you to leave their home is a big thing to do.

Usually the court will ask you and your ex-partner to go to court. They will listen to you both (or me as your solicitor and your ex) and decide what needs to happen. The order is usually for a limited time, e.g. 6 months.

Fill in a form for Lisa to contact you or book an hour initial appointment with Lisa - it's free with no obligation.

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