Domestic Abuse and Occupation of the Family Home

Keep your family safe

If you have been experiencing domestic abuse, it’s important you take steps to protect yourself and your children as quickly as possible.  Please call me immediately on 0203 935 9490.  I am here to help you.

Remember that domestic abuse does not only involve physical violence. You may have experienced emotional, verbal, financial or psychological abuse which has made you afraid for yourself or your children. This is treated as domestic abuse even if you’ve never been physically hit or hurt.

Depending on your situation, you may need to get a court order to protect yourself and your children.

Court orders: all you need to know

There are 2 types of court orders you can get to protect yourself and your children.

1. Non-molestation orders
   Non-molestation orders prevent the person you are worried about (“the Respondent”) from doing certain things. This can include using or threatening violence, coming within a certain area near an address or communicating with you or your children, either altogether or by particular means. If you feel you would benefit from this order, please read this leaflet (FL700) which offers a step-by-step guide to issuing your application. You can then use this form (FL401) for either a non-molestation order or an occupation order below or both. If you wish to keep your address confidential you need an additional form C8. Breaching a non-molestation order is a criminal offence, punishable by a fine or up to five years’ in prison.
2. Occupation order
   To exclude someone from a home where they are entitled to be you need an Occupation Order. To get your Occupational Order you will need to write a Statement of Case for the court. The property must be or have been at some time the home of both parties and was intended to be your home. Both you and the party against whom the order is made against are “associated” (legally linked). I have extensive experience in applying for these orders and can help you with your Statement of Case. If you cannot afford a Solicitor or Barrister, I can go to Court with you and act as a “McKenzie friend”. This means I can sit in Court with you, offering advice and emotional support, and can take notes for you, so you can concentrate on what’s going on. There is no court fee to apply for an occupation order.

What is the balance of harm test?

Section 33(7) of the Family Law Act 1996 states that the court must grant an occupation order if they believe that the applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the respondent

How long is non-molestation order?

Usually 6 months. The order will not provide a long-term solution to the victim’s problems but should give them time to seek more permanent solutions.

How is a non-molestation order delivered?

The order must be served on the abuser once the court has granted the order and the abuser is not at court. The order must be delivered to the abuser

for it to be enforced and a copy needs to be given to the local police, so they are aware that it exists.

Can I challenge non-molestation order?

Yes

Divorce – FAQs

Divorce is a gruelling process, and even more so if you have been experiencing domestic abuse.

If you have questions about the process, my Divorce FAQs may help.

Working with me

As an experienced, friendly and down-to-earth lawyer, you will find working with me to be straightforward and simple.

Whatever you’re going through, I will do everything I can do help you achieve your goal.

You’ll quickly see that I am knowledgeable and non-judgemental. I listen carefully, make sure I understand you and your case, and will work hard to find a solution to your current situation, which is centred on what you want, and is

My clients

My clients tend to live in South West London and need a local lawyer located in and around, Barnes, Mortlake, Kew, Roehampton, Sheen, Putney, Wimbledon, Ham, Twickenham, Richmond upon Thames, Kingston, Hammersmith, Fulham or the north Surrey borders.

If you would like urgent, friendly and helpful support with any legal issue, please call me today on 0203 935 9490.