Can you have an occupation order without a non-molestation order?
Can you have an occupation order without a non-molestation order?
A non-molestation order – prevents your partner, former partner or associated person from being violent or threatening violence towards you or any children. You can also get an occupation order if you have left home because of violent behaviour but want to return without your abuser living there.
How to apply for a non molestation order?
To apply for an occupation order, you need to complete a Form FL401 “Application for a non-molestation order/an application for an occupation order” and file this at Court. View a sample of Form FL401 How long does it take to get an occupation order? An application for an occupation order can be made in 24 hours in an emergency.
Can a victim of abuse get an occupation order?
Under the Family Law Act 1996 (section 33 and 35 to 38), victims of abuse can apply for a non-molestation order which prevents the victim being pestered, harassed or molested, but it does not deal with the issue of who can occupy the family home. An occupation order offers that protection.”.
Who can apply for an occupation order under Family Law Act 1996?
Under the Family Law Act 1996 (section 33 and 35 to 38), victims of abuse can apply for a non-molestation order which prevents the victim being pestered, harassed or molested, but it does not deal with the issue of who can occupy the family home. An occupation order offers that protection. Who can apply for an occupation order?
How do I apply for an occupation order?
“text”: “To apply for an occupation order, you need to complete a Form FL401 “Application for a non-molestation order/an application for an occupation order” and file this at Court.” “text”: “An application for an occupation order can be made in 24 hours in an emergency.”
How to apply for a non molestation occupation order?
To apply for an occupation order, you need to complete a Form FL401 “Application for a non-molestation order/an application for an occupation order” and file this at Court. How long does it take to get an occupation order? An application for an occupation order can be made in 24 hours in an emergency.
Is there a non molestation order against my ex?
My ex has a Non-Molestation… My ex has a Non-Molestation order against me stating that I cannot contact her or come within 100 metres of any address I know that she is in.
How to apply for an ex parte non molestation injunction?
The drafting of the injunction application affidavit therefore requires specialist skill. The factual detail must reflect what the applicant perceives to have happened. Applications for ex-parte non-molestation injunction orders need not be restricted only to acts of violence. These can extend to all acts of ‘molestation’ including ‘harassment’.
Can a non molestation order be made on a chattel?
It is therefore not unusual for an injunction to contain provisions protecting chattels, dwellings (independent of occupation orders) and against the multitude of different ways in which molestation and harassment manifests itself. A non-molestation order may be made for a specified period or until a further order is made.