Non-molestation orders and occupation orders: how we can help

Non-molestation and occupation orders are family court injunctions protecting domestic abuse victims under the Family Law Act 1996. Non-molestation orders prohibit specific threatening behaviours, while occupation orders regulate property access. Unlike criminal restraining orders, these can be obtained without police involvement. Non-molestation orders may be issued with or without notice, depending on urgency, while occupation orders typically require notice due to their significant impact.

The application process requires a detailed form and witness statement explaining the abuse and need for protection. Courts may grant emergency orders and schedule hearings for further assessment. Both parties can present their case before the court decides on the order’s status. Given the complexity of these proceedings, seeking legal assistance is recommended.

At Astle Paterson, our compassionate family law experts are here to offer guidance and support, helping to ease the burden of court proceedings as much as possible for victims.