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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Occupation/Non-Molestation Orders

3 replies

Catsarethebest7 · 05/01/2020 11:16

Hi
I'm trying to understand Occupation Orders and non-molestation Orders. Can anyone share their experiences? All or any of the below would be great. Practical advice from people who have been there would be great too, only if you know, not what you think (if that's ok?! Grin )

  • How did it work in practice?
  • Did you leave the family home for a period of time for him to vacate?
  • Where did you go?
  • Did you change locks?
  • How long was it granted for? (I am only thinking 12 months to get me on my feet - will the judge look on that more favourably, as its short?)
  • Its a new mortgage and has a year to run, selling now would mean big penalities. Do judges look into detail like this?
  • Did you have to go to court and speak yourself? Was he there too?
  • Did you get legal aid?
  • For the mortgage, did you pay him the money for it? I don't have a job so cant transfer the name.
  • Is there any benefits help for victims of domestic violence? Does it speed up a claim?
Thanks a lot. All or any of the above would be great. Thank you for sharing your experienes. x
OP posts:
12345kbm · 05/01/2020 16:15

I can answer some of your questions.

Non-Molestation Order

(1) How it protects you.

Usually forbids an abuser from:
Using or threatening physical violence
Intimidating, harassing or pestering
Communicating with you (if appropriate)Instructing or encouraging others
Typically granted for 6-12 months
Arrest-able offence if breached

(2) When you can apply.

Applicant and Respondent are associated persons
This is determined by s.62(3) of the Family Law Act 1996 and covers most relationships, including:
Partners and former partners
Family relations (including in-laws)People who live(d) together
People who have children together
Recent use or threat of physical violence entitles you to make an emergency application, usually meaning something within the last 5-7 days (this may be extended if there have been bail conditions or the respondent has been in prison etc).

Occupation Order

(1) How it protects you.

Regulates the family home, such as:
Suspending rights to occupy or visit
Evicting an abuser from the home
Preventing an abuser from returning
100 metres protection around the home
Can be granted for 6-12 months

A power of arrest can be attached

(2) When you can apply.

Applicant and Respondent are associated persons under the FLA 1996 (see above)Respondent has somewhere else to live (this is not always strictly necessary)Recent use or threat of physical violence
This entitles you to make an emergency application, usually meaning something within the last 5-7 days.

Prohibited Steps Order

(1) How it protects you.

Forbids someone from taking your child away from your care and control
This order is particularly appropriate when the person threatening to take away your child(ren) is ordinarily allowed to have the care and control of them.
No power of arrest attached though police may assist informally. Enforceable in the County Court as contempt of court.
Does not necessarily prevent all contact between the child(ren) and the respondent if appropriate in the circumstances

(2) When you can apply.

Applicant has parental responsibility under the Children Act 1989 (this includes all mothers and many others)
Respondent has made a recent direct or indirect threat to remove a child from your care and control is in the best interests of the relevant child(ren) with regard to their overall welfare.

How did it work in practice?
Depends on how good your local police force are, if you have any legal help and whether the abuser abides by the injunctions.

Did you leave the family home for a period of time for him to vacate?
This is a good idea if there is High Risk of serious harm of death.

Where did you go?
Somewhere safe. Relative, friend, a rented property or a refuge.

Did you change locks?
If the abuser is a joint owner of the property, they have the right to break in and change the locks back as long as they make good repairs. It's pointless changing locks unless you are the sole owner/leaseholder of the property. If you are renting, it may be in the contract that you cannot change the locks.

How long was it granted for? (I am only thinking 12 months to get me on my feet - will the judge look on that more favourably, as its short?)
They tend to be 6-12 months

Did you have to go to court and speak yourself?
If you can't afford legal help then you may be able to get a Mackenzie friend who assists you in court. You may also get support from your local Domestic Violence organisation who can advise and support you through the court process.

Did you get legal aid?
You might be able to get legal aid if you have evidence that you or your children have been victims of domestic abuse or violence and you cannot afford to pay legal costs.
You can read more about that here: www.gov.uk/legal-aid/domestic-abuse-or-violence

Is there any benefits help for victims of domestic violence? Does it speed up a claim?
You can read about that here: www.gov.uk/government/publications/domestic-violence-and-abuse-help-from-dwp/help-available-from-the-department-for-work-and-pensions-for-people-who-are-victims-of-domestic-violence-and-abuse

And here: www.refuge.org.uk/get-help-now/government-benefits/

You may also find the Women's Aid Survivor's Handbook helpful:
www.womensaid.org.uk/the-survivors-handbook/

Catsarethebest7 · 05/01/2020 16:21

@12345kbm thanks a lot but I really was trying to understand the situation on the ground. What it is actually like for women. I understand and have the information on how they are meant to work. I have an IDVA. I just really want to understand the system in reality, I understand everyones experiences are different but I just wanted to understand real experiences from real life. How it works in practice. Thank you though that is a valuble list all in one place of the mechanisms, thank you.

OP posts:
Catsarethebest7 · 06/01/2020 10:06

Wonder if anyone with direct experience of the system has anything to add to this? Thank you.

OP posts:
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