How court orders can help
What orders could the court make to help me?
Depending on circumstances, the court may grant one or more of the following:
Non-molestation Order – This is an order about behaviour. It can forbid one person pestering, threatening or being violent to another person or to any child involved. If appropriate the court may make a more specific order, e.g. that a person is not to text or telephone you. A breach of a ‘nonmol’ is a criminal offence and police have automatic powers to arrest the offender.
Occupation Order – This is an order about the home and can do a number of things, including:
- Order a violent person to leave the home, either immediately or within a specified period of time
- Order a violent person not to come near the home
- Order a violent person to allow the victim of violence to enter and stay in the home, or part of it.
- Decide what rights the violent person and the victim of violence have to occupy the home
This may be a temporary or a long term measure, depending on the circumstances, and has no effect on ownership or other property rights. Depending on the size and layout of the property, an order may exclude a person from part of the house only.
Time Limits – Injunctions will often have a time limit usually between 6 months and 1 year. But applications can be made to renew them.
Power of Arrest – This may be attached to an Occupation Order and is specifically applied to certain paragraphs or parts of the Order. The Police will be able to arrest the offender if he breaches any provision of the Order to which the Power of Arrest applies. The offender will then be brought before a Judge within 24 hours of arrest for contempt of court and may be punished by way of a fine and/or up to 2 years imprisonment.
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