Jargonbuster - Non-Molestation/Occupation Orders
Posted on 30th March 2022
Non-Molestation / Occupation Order - The order is used to prevent threats, harassment, and violence.
The victim applying is the applicant and the accused is the respondent. This order protects the victim and relevant children from being molested by the respondent.
What are examples of molestation?
There is no definition for the word molestation in the Family Law Act 1996.
Examples of behaviours that have been accepted as forms of molestiation in previous cases:
acts/threats of violence.
searching through a handbag without permission.
sending nude photographs of an individual to a third party
What can the Court order for Non-Molestation Orders?
The court can put restrictions on the accused, prohibiting them from certain conduct. This includes forbidding them from using or threatening violence, communicating with the victim or from attending a specific property or area.
Normally, they also prohibit the accused from instructing or encouraging third parties from this conduct.
An occupation order is a legal document issued by a court in the UK that can regulate who can occupy the family home or restrict someone from
entering the home. This order is often issued in cases of domestic violence or when there is a dispute over the family home.
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