Quick Answer: What Happens If You Breach An Occupation Order?

How do you enforce an occupation order?

If your abuser has breached your non-molestation order you can enforce it by either:Starting criminal proceedings by reporting his behaviour to the police, or.Starting civil proceedings by applying to the court that made the order for the respondent to be arrested and / or punished..

How long does an occupancy order last?

The order can be limited up to 6 months in some cases or up to an indefinite period, although unlikely to exceed 6months.

How serious is a non-molestation order?

A non-molestation order does not need a power of arrest as it is a specific criminal offence to breach it. The maximum sentence through criminal courts is five years’ imprisonment and a fine; via the family court it is imprisonment of up to two years, a suspended sentence or fines.

Can a non-molestation order be denied?

Sometimes the non-molestation order can be dismissed at the initial return hearing without the necessity for undertakings if it is agreed or the court believes it is not necessary. If the respondent decides not to contest the order, it remains in force for a particular period of time.

When can you apply for an occupation order?

You can apply for an occupation order if you’re a victim of domestic abuse and meet the requirements. The order will say who can live in the family home or enter the surrounding area.

Does a non-molestation order show up on a CRB check?

No, as in the courts do not ordinarily just contact the police and advise them that a NM order has been issued. But if the order is breached and the victim contacts the police then that is usually when it will be entered into the system as that would be their first involvement in such a case.

What are home rights?

What are home rights? The law states that if one spouse owns the family home and the other spouse does not, the spouse who does not own the family home has home rights.

For some cases you can get legal aid regardless of your financial means. Non means tested legal aid is available if your child is subject of care or supervision proceedings . You may qualify for legal aid for some injunctions, such as a non-molestation order, but you might be required to make a contribution.

How long does an injunction last?

six monthsInjunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made “until further order”. There is no limit on the length of time that non-molestation orders can be extended.

What happens if a non-molestation order is contested?

If the order is accepted, it will remain in place and there will be no further hearings. If it is contested a second hearing will be listed at which both parties will attend. At the second hearing, X may consider offering undertakings (explained below) or accepting the order on a ‘no admissions, no findings’ basis.

How long does it take for a non-molestation order to be served?

However, the order does not become effective until they are personally served with it, so the respondent is not able to unknowingly breach a court order. They will also be notified within the documentation of the date of the full court hearing, which will normally be within 2-3 days.

Can I contest an occupation order?

You can challenge a non-molestation order/application made against you if you believe that the non-molestation order or application against you is baseless and not corroborated by any evidence.

How do you defend yourself against a non-molestation order?

How do I challenge a Non-Molestation Order? The first thing to do is to contact a specialist family law solicitor, especially if the Order was made ex-parte as there will only be a short period of time between the granting of the Order and the court hearing.

Does a non-molestation order mean no contact?

Non-molestation orders often include provisions that mean you cannot have any contact with the person who has obtained the order, or come within a certain number of metres that person or their home. However, a non-molestation order will not automatically prevent your ex from seeing your children.

What evidence do I need for a non-molestation order?

In order to progress with an application for Legal Aid you will need evidence of your financial circumstances including bank statements and wage slips/evidence of benefits. Your solicitor will advise you specifically about this according to your circumstances.

How much does an injunction cost UK?

The average cost of obtaining an injunction is approximately £500. Legal aid is available for certain types of injunctions providing you meet the criteria but it is not available for defending against an injunction.