Domestic abuse encompasses various forms, including physical, sexual, emotional, psychological, coercive, controlling, and financial abuse. It also extends to harassment, stalking, and online abuse. In Family Law Chester, there are protective measures available to victims of such abuse, notably Non-molestation Orders and Occupation Orders.
Non-molestation Order: This order is designed to protect individuals from harm by their ex-partners. It prohibits the ex-partner from threatening, being violent, approaching your property, workplace, or school, and from making any form of contact, including non-threatening communication. This order can also extend protection to children. In urgent situations, an emergency non-molestation order can be sought, which does not require notifying the ex-partner about the application.
Occupation Order: This order determines who can reside in the family home and its immediate vicinity. It can specify particular areas of the home or designate specific times for each party’s presence in the property.
Legal aid is accessible for these matters, and our team in Family Law Chester will conduct a financial assessment to determine your eligibility.
Difference Between a Non-molestation Order and a Restraining Order:
While both Non-molestation Orders and Restraining Orders offer protection and have arrest powers attached (allowing police intervention upon breach), they differ in their jurisdiction and application. A Non-molestation Order is issued by Family Courts and is specific to individuals who are ‘connected’, such as ex-partners. In contrast, a Restraining Order is typically granted in criminal courts and is used to protect victims of crimes, regardless of their relationship with the perpetrator.
The process for applying for a non-molestation order or occupation order is tailored to each individual case. If you need assistance or guidance in these matters, please reach out to our offices in Family Law Chester for a consultation.