Protecting Yourself and Your Home: Non-Molestation and Occupation Orders
We understand that situations involving domestic abuse or conflict within a relationship can be extremely difficult. Taking the step to seek legal protection is not always easy, and you may feel unsure about what options are available.
The law provides protective measures designed to safeguard your wellbeing and living arrangements. Non-molestation orders and occupation orders can offer important protection in the right circumstances.
Seeking early advice can help you understand which option is most suitable, so that we can work with you to find the best solution for your situation.
A non-molestation order is intended to protect you from harassment, threats, or abuse from someone you are legally classes as an ‘associated person’ with, such as a partner, former partner, spouse, former spouse, cohabitant, former cohabitant, civil partner, former civil partner, or certain family members.
How it helps
A non-molestation order can:
- Prevent the other person from contacting you directly or indirectly
- Stop threatening, abusive, harassing or intimidating behaviour
- Restrict them from coming near your home or workplace, or other specified places.
It is particularly useful where behaviour has become distressing, unsafe or controlling.
Key considerations
- The focus is on behaviour rather than property or living arrangements
- It is available where there is evidence of domestic abuse, harassment, threats or controlling or coercive behaviour
- Breaching the order is a criminal offence and can result in arrest and possible prosecution.
When it may be needed
You may consider a non-molestation order if you are experiencing:
- Domestic abuse or threats
- Harassment or repeated unwanted contact
- Controlling or coercive behaviour
An occupation order deals with who is entitled to occupy the family home and whether a person should be required to leave or be excluded from it.
How it helps
An occupation order can:
- Require one person to leave the property or be excluded from the property
- Allow you to remain safely in the home
- Set clear boundaries within the property if both parties remain (for example, allocating parts of the home or setting rules about the use)
This is particularly important where living together is no longer safe or practical.
Key considerations
- The focus is on occupation rights rather than behaviour (although evidence of abuse and safety concerns is highly relevant)
- The court considers factors such as housing needs, safety, financial resources and the welfare of any children
- The balance of harm test may be applied, meaning the court weighs whether the applicant or any relevant child is likely to suffer from significant harm if the order is not made, against any harm the order would cause the respondent.
When it may be needed
You may consider an occupation order if:
- You need to remain in the home for safety or stability
- There is conflict over who should live in the property
- Living arrangements have broken down following separation
Why both orders are often used together
In many cases, both orders are sought at the same time to provide comprehensive protection.
- A non-molestation order addresses the behaviour
- An occupation order addresses the living arrangements
Together, they can ensure both personal safety and a stable home environment, particularly where there is an ongoing risk or shared living space.
How we can support you
Our team is experienced in advising on non-molestation and occupation orders. We can guide you through understanding your options, assess what protection is appropriate, and guide you through the process step by step. Where urgent action is required, we can act quickly to help secure protection.
We also recognise that many of our clients come from international backgrounds. As a trilingual team, we provide clear and practical advice in English, Mandarin and Cantonese, ensuring you fully understand your options and feel supported throughout.
If you would like to speak to us in confidence, please contact our family law team.