Why can’t non-molestation and occupational orders go together?

[AllChange2022]

I’ve just given a statement to NCDV who are presenting my case to a solicitor and then a judge, but they warned me he might get warning of the order.

That scares the life out of me because once he knows what's happening I cannot face him. Can you imagine how that would go? It just can't happen. I feel sick to my stomach.

Why on earth, if people are applying for both, can't it go ahead together at the same time?

Do you mean an ex parte hearing? The ncdv can request an ex parte hearing but it's down to the court to decide, he would get an opportunity to contest both orders at the return hearing 14 days later.

I just can't bear the idea he would get wanting and then come home to us that same night

The court won't generally exclude someone from their home without giving them a chance to be heard first. You can make the application at the same time but just ask that the non molestation order (if applying without notice) is heard first and then the occupation order listed for a later hearing. He can then be served with the order and notice of the occupation order application.

If the non-molestation order comes through first, doesn't that stop him entering the home anyway?

You have to get the terms of the non molestation order made very specific. You need to ask for a term in there that prohibits him coming within 100 metres or such of any place you are.

Is there current police involvement?

There's police report but no arrest made or anything. He doesn't know I went to the police and I need to keep it that way for as long as possible.

Is it a shared family home? Is there no way you could find alternative accommodation just to keep yourself safe?

It is shared but it's very complicated, so much better if he goes.

Hmm not that simple. No doubt you'll need to go to court for the house also.

It will be served on him and that could be at home?

Definitely move out for a bit

They are both dealt with at the same time but for the without notice part you will almost never get an occupation order, or a non-mol with an exclusion zone.

Removing someone from their home is a draconian order to make so the court will only make a w/n order in either extreme circumstances or where he has already moved out.

Breach of a non-mol is an arrestable offence so he would be unwise to breach it.

You can ask for an occupation order even if you're not living in the house. So for an example a non-mol for the first to protect you. You can move out for the first 14 days and then ask for a non-mol and occupation at the contested hearing. If you have children ask children's services to write a case for support for them staying in stable accommodation near their schooling.