General guidelines for injunctions available in family courts to protect against domestic abuse are provided in this non-molestation order. Your family lawyer can offer specific advice according to your situation.
Domestic Violence In Family Homes:
You may apply for an injunction to help protect yourself in the family courts if you are the victim of abuse, threats, or intimidation.
What are non-molestation orders?
A non-molestation order restricts your spouse or partner from intimidating, harassing, or bothering you or from threatening or using violence against you or your children. Depending on what kind of harassment you are experiencing, it may have particular provisions.
Two persons are “associated” with Section 62 of the Family Law Act 1996! same act if they:
- Are or were each other’s spouses or civil partners
- Are you current or past neighbours?
- Live in the same home or have lived there before unless they are related.
- The other’s worker, renter, guest, or boarder.
- They are connected by blood.
- Have committed to getting married (whether or not that commitment has been cancelled).
- Own or have had a close friendship that has lasted a considerable amount of time.
- Have signed a civil partnership agreement, no matter whether that.
- The deal has ended.
- They have parental authority over any child for whom they are the child’s parents.
- Responsibility for the child.
- They’re involved in the same family court cases.
Procedure To Apply Non Molestation Orders:
The person requesting the injunction from the court must fill out a form and provide a detailed witness statement describing the events that have occurred. If there is a risk to your safety or the protection of any children, you won’t need to notify the other party if a court action is filed against them, even though this is generally the case. The applicant is the one requesting assistance from the court, and the responder is the other party. The respondent will often draft a witness statement in reaction to yours.
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Getting a non-mol is relatively simple because, in any case, you shouldn’t be treated that way. Getting an occupation order is more difficult since the court must carefully consider whether to make someone homeless.
Legal assistance may be available to you, allowing you to apply through a solicitor without having to be represented. These are the only court orders that you may get without paying a charge, and it’s simple to apply for them yourself. If you require any assistance with the forms or your statement or appearing in court, My Legal Services is here to help.