Served With a Non-Molestation or Occupation Order Application? How Frodshams Can Help

Being served with an application or order relating to domestic abuse can be upsetting and confusing. The documents may contain allegations that you dispute, impose immediate restrictions or require you to attend court at short notice.

It is important to understand what has been served, comply with any order already in force and respond within the relevant timeframe. Frodshams can explain your position clearly and represent you throughout the proceedings.

A non-molestation order is a protective order made by the family court under the Family Law Act 1996. It can prohibit a person from harassing, threatening, intimidating or otherwise molesting another person or a relevant child.

The terms of the order may also restrict:

A non-molestation order is not a criminal conviction. However, breaching an order without a reasonable excuse is a criminal offence and can result in arrest, prosecution and imprisonment.

An occupation order regulates who may live in, enter or remain in a family home. Depending on the circumstances, it may:

An occupation order can have an immediate and significant effect on living arrangements. Some occupation orders have a power of arrest attached to specified provisions. A breach may also amount to contempt of court.

In urgent cases, the court may make an order “without notice”. This means the application was considered before the respondent had an opportunity to attend court or give their account.

An order made without notice is legally binding once it has been properly served, even if the respondent disputes the allegations or was not present when it was made.

The court will usually arrange a further hearing, known as a return hearing, at which the respondent can participate. Depending on the circumstances, it may also be possible to apply for the order to be varied or discharged.

Read the documents carefully

Check whether the documents include:

The court order should be read in full. Do not rely only on what another person says it means.

An order must be followed unless and until the court varies or discharges it. This remains the case even if the allegations are denied or the order was made without notice.

If a non-molestation order prohibits contact, do not contact the applicant directly or indirectly. This may include contact by telephone, text message, email, social media, through another person or by attending the applicant’s home or workplace.

Contact should not be made simply because the applicant initiates or appears to invite it. If communication is required about children, belongings or practical arrangements, Frodshams can consider whether this can take place through solicitors or another method permitted by the order.

Court hearings and deadlines may be arranged at short notice. Missing a hearing could result in the court making or continuing an order in your absence.

Keep a clear note of:

Do not delete messages, emails, photographs, call records or social media material. Evidence that may assist can include:

Relevant material should be preserved in its original form wherever possible. Avoid posting about the proceedings or the applicant on social media.

Reviewing the application and order

Frodshams can review the papers and explain:

If allegations are disputed, Frodshams can prepare a clear and properly structured witness statement setting out your response. This may include identifying factual inaccuracies, providing relevant context and referring to supporting evidence.

Where appropriate, assistance can also be provided with preparing:

Frodshams can arrange representation at hearings and ensure that your position is presented clearly. Depending on the issues, the court may:

An undertaking is a formal promise made to the court. It is not an admission of the allegations, but breaching it may amount to contempt of court. An undertaking is not suitable or legally available in every case.

Proceedings may affect the family home, personal belongings, finances or arrangements for children. Frodshams can help consider lawful and practical arrangements for issues such as:

A non-molestation or occupation order does not automatically determine long-term child arrangements or ownership of the family home. Those issues may require separate consideration.

Being named as a respondent does not mean the allegations have been proved. If an order was made without notice, the court may initially have considered only the applicant’s evidence.

However, a court order must not be ignored. The appropriate course is to comply with it while using the court process to challenge, vary or discharge it where there are grounds to do so.

It is important that any response remains focused, factual and supported by relevant evidence. Hostile communications, social media posts or attempts to confront the applicant may undermine a respondent’s position and could breach an existing order.

Early assistance allows time to review the documents, preserve evidence and prepare for any forthcoming hearing. Frodshams can provide clear, practical assistance from the point of service through to the conclusion of the proceedings.