Domestic Violence Injunctions
The Law on Non-Molestation Orders and Occupation Orders
The Family Law Act 1996 outlines the law in relation to Non-Molestation Orders and
Occupation Orders and details the powers of the Courts to protect victims of domestic
violence from harm within a relationship or from an associated person.
A “Non-Molestation Order” is an Order preventing a Respondent from molesting the
Applicant and any relevant child. The term ‘molesting’ is broadly defined and covers violence
and/or threats of violence, as well pestering and physical and verbal abuse. As a result, a
wide range of behaviours can be deemed to be evidence of molestation and cases are
determined on a case by case basis.
An “Occupation Order” is an Order regulating the occupation of a property and can be
obtained to exclude a Respondent from a property for the protection of the Applicant or
relevant child or to control the occupation of that property.
The law in relation to such applications is complex and the Court will only award such
Orders if a stringent criteria and the correct procedure is met. That said, the Courts do
realise the need of domestic violence victims for protection from harm and are willing to
make such Orders to ensure their protection.
Applications under the Family Law Act 1996 can be made either “Without Notice” (also
known as “Ex-Parte”) or “With Notice” depending upon the urgency upon which the
protection is required. A “Without Notice” Application is made without notice to a
Respondent and the Applicant simply attends Court with their application and supporting
evidence and asks the Judge to make the relevant Order. If granted, the Order is personally
served upon the Respondent and he or she is given the opportunity to attend a Return
Hearing to have their views heard. A “With Notice” Application is made with notice to a
Respondent and is where both parties attend Court to allow a Judge to determine whether
the Order being sought is relevant.
By Lorna Barry
Family and Matrimonial Solicitor - Parrott and Coales LLP
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Domestic Violence Injunctions and Public Funding (formerly Legal Aid)
Is Public Funding available to apply for a Non-molestation/Occupation Order?
On 1st April 2013, access to Public Funding (formerly known as Legal Aid) is changing and
the Legal Services Commission will no longer be offering Public Funding for many family and
matrimonial disputes.
However, if eligible, Public Funding will still be available for those seeking a Non-Molestation
Order and/or an Occupation Order under the Family Law Act 1996, as the Legal Services
Commission and the Government realise the need to offer help and assistance to those
people in a vulnerable or harmful situation.
Eligibility for Public Funding is assessed using a twofold criteria based upon 1) the
Applicant’s financial “Means” and 2) the “Merits” of the Applicant’s case. This means that the
Applicant not only has to be financially eligible for Public Funding but have acase with strong
merits that justifies the use of Public Funds.
If Public Funding is granted for an Applicant, this will cover their Legal and Court Fees or all
work undertaken in respect of their matter including preparing and issuing their application,
representation at any Court hearings, serving the Respondent with any Orders and all other
ancillary correspondence and work required in their case.
By Lorna Barry
Family and Matrimonial Solicitor - Parrott and Coales LLP
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