Family Law Solicitors Birmingham, West Midlands

Occupation/Non-Molestation

Information

You can apply for an 'injunction' if you've been the victim of domestic abuse.
An injunction is a court order that either:

  • Protects you or your child from being harmed or threatened by the person who's abused you - this is called a 'non-molestation order'
  • Decides who can live in the family home or enter the surrounding area - this is called an 'occupation order'

Do I qualify to apply for an occupation order?

  • You own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you're engaged to or parent of your child
  • You do not own or rent the home but you're married or in a civil partnership with the owner and you're living in the home (known as 'matrimonial home rights')
  • Your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home
  • The person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home


Do I qualify to apply for an non-molestation order?

You can usually apply if you're a victim of domestic abuse and the person you want to be protected from ('the respondent') is:

  • someone you're having or have had a relationship with
  • a family member
  • someone you're living or have lived with
  • husband, wife or civil partner
  • former husband, former wife or former civil partner
  • fiancé, fiancée or proposed civil partner
  • former fiancé, former fiancée or former proposed civil partner - if your engagement or agreement to form a civil partnership ended less than 3 years ago
  • boyfriend, girlfriend, partner or a person you're in or have been in a relationship with for more than 6 months

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